What will happen if someone has not been released after 38 days of criminal detention?

What will happen if someone has not been released after 38 days of criminal detention?

It shows that the arrest has been approved by the procuratorate and the time limit for investigation and detention has begun to be calculated. Criminal detention can last up to 37 days, which is also the prime time to apply for bail pending trial. The 38-day detention shows that neither the procuratorate nor the public security organs agree to release you on bail pending trial.

After the procuratorate approves the arrest, I suggest that you can entrust a lawyer. In the investigation stage, lawyers can understand the case by meeting the criminal suspect, listen to the opinions of the case-handling unit, and put forward the necessity review of detention. Once the case is transferred to the procuratorate, the lawyer can verify the evidence, investigate and collect evidence, express opinions on the sentencing suggestions of the procuratorate, and negotiate compensation on behalf of the suspect and the victim.

When the case enters the trial stage, the lawyer can plead not guilty or misdemeanor. Don't be discouraged if you are detained for 38 days without bail. Everything is possible before the court convicts and judges. Hurry up and entrust a lawyer. Don't trust any relationship or way, it's unreliable.

In practice, as long as there are criminal acts that may need to be investigated for criminal responsibility, they will be filed. Public security usually files a case, and the supervisory Committee usually brings people to file a case. After filing a case, the public security can take five criminal compulsory measures from light to heavy: summons, bail pending trial, residential surveillance, detention and arrest.

Summoning is to call you in for questioning. The conversation after filing a case is called interrogation, and the conversation with the witness is called interrogation. Summons need to be issued in writing through legal documents. Usually, if things are not serious, they will call you over, ask you to sign the document and start being questioned. If it's serious, just arrest it. If caught on the spot, you can be summoned orally or even detained directly.

For general summons, the time is 12 hours. If it is serious, it can be extended by 12 hours. Take summoning measures, and the evidence requirements are not high. If the evidence has been preliminarily obtained after summoning, it can be detained. If you want to use detention measures, the evidence requirements are high and the restrictions are strict.

Detention is also a temporary measure, the public security can decide on its own, and the evidence unit can report the arrest mainly based on the evidence collected during detention. The arrest needs the approval of the procuratorate, so the evidence standard of arrest is very high and the crimes involved in the request are also serious. There is a high probability that a subsequent arrest will be sentenced to death.

This is the case in the title. It usually takes three days for the public security organs to detain and arrest. If the situation is complicated, it will be extended by 1-4 days. If the situation is particularly complicated, it can be extended to 30 days. The examination time of the procuratorate is 7 days, so the longest detention is 37 days.

If it is a duty crime, it will be transferred to the procuratorate after being detained by the supervisory committee, then the procuratorate can report to the higher procuratorate for approval of arrest, and generally the compulsory measures will be changed within 14 days. In addition, if the circumstances of the suspected crime are not serious, or if they play little role in the same crime, they will be released on bail pending trial. Residential surveillance is rarely used, aiming at crimes committed by evil forces and past duty crimes. At present, duty crimes are all taken lien measures.