Criminal detention decision letter

Legal analysis: According to the provisions of our country’s laws, after receiving reports from the public, the public security organs should register and investigate them. After investigation, if they believe that a case needs to be filed, they should conduct an investigation. During the investigation process, the criminal suspects need to be investigated. A detention decision will be issued.

Legal basis: "Criminal Procedure Law of the People's Republic of China"

Article 82: The public security organs shall treat current criminals or major suspects if they have any of the following circumstances: , may be detained in advance:

(1) Those who are preparing to commit a crime, commit a crime, or are discovered immediately after committing a crime;

(2) The victim or someone who witnessed the crime accuses him of committing the crime

(3) Anyone who finds evidence of a crime around him or in his residence;

(4) Someone who attempts to commit suicide, escapes or is at large after committing a crime;

( 5) There is a possibility of destroying, fabricating evidence or colluding with confessions;

(6) Not telling the real name and address, and the identity is unknown;

(7) There is a possibility of committing crimes on the fly or multiple times. , suspected of serious crime in gangs.

Article 85 When detaining a person, the public security organ must produce a detention certificate.

After detention, the detainee shall be immediately sent to a detention center for custody, which shall not exceed twenty-four hours at the latest. Except for circumstances where notification is impossible or where notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the detainee's family members must be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the detained person's family members shall be notified immediately.

Article 91 If the public security organ deems it necessary to arrest a detained person, it shall submit the matter to the People's Procuratorate for review and approval within three days of detention. In special circumstances, the time for submission for review and approval may be extended by one to four days.

For major suspects who commit crimes on the run, commit crimes multiple times, or commit crimes in groups, the time for review and approval can be extended to 30 days.

The People's Procuratorate shall make a decision on approving or disapproving the arrest within seven days after receiving a request from the public security organ to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security organ shall release the person immediately upon receiving the notice and promptly notify the People's Procuratorate of the execution status. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law.