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Where is the detention less than ten days?
1. How many days is the suspect detained?
The detention time of a suspect usually takes ten days. Article 91 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if a public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Second, can detention be released on bail pending trial?
If the detention meets the requirements, it may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment; May be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social danger; Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not be socially dangerous if they are released on bail pending trial; If the detention period expires and the case has not been settled, and it is necessary to get a bail pending trial, you can get a bail pending trial.
3. How long will all the rights to detain suspects be allocated?
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. The above-mentioned maximum of 7 days, plus the maximum of 7 days for the Public Security Bureau to apply for approval of arrest and the procuratorate to make a decision, * * * is 14 days. In other words, the term of public security detention in general cases does not exceed 14 days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Twenty-third one of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical treatment, teaching and scientific research not being carried out normally, but causing no serious losses;
(2) disturbing the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places;
(3) disturbing the order on buses, trams, trains, ships, aircraft or other public transport;
(four) illegal interception or forced boarding, boarding motor vehicles, ships, aircraft and other means of transportation, affecting the normal running of vehicles;
(5) disturbing the election order conducted according to law. Whoever gathers people to commit the acts mentioned in the preceding paragraph shall be detained for more than 10 days and less than 15 days, and may also be fined less than 1,000 yuan.
Twenty-fourth any of the following acts, disrupting the order of large-scale mass activities such as culture and sports, shall be given a warning or a fine of not more than 200 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) forcibly entering the meeting place;
(two) in violation of regulations, fireworks or other items in the venue;
(three) display insulting slogans, banners and other items;
(4) Besieging referees, athletes or other staff members;
(five) throwing debris into the venue, not listening to stop;
(six) other acts that disrupt the order of large-scale mass activities. Those who are detained and punished for disturbing the order of sports competitions may also be ordered not to enter sports venues to watch similar competitions within 12 months; Those who enter the stadium illegally are forcibly taken away from the scene.
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