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Does the criminal investigation take two months after the arrest is approved

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Does the criminal investigation take two months after the arrest is approved


        

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  • 2024-06-19 18:00:59

    Two months after the arrest of a criminal suspect is used by the investigation organ to investigate and verify the evidence of guilt or innocence of the criminal suspect.
    For ordinary criminal crimes, the law stipulates that the investigation organ must complete the collection and sorting of evidence within two months, and then, according to the evidence, make the opinion that the criminal suspect is guilty or not guilty, and transfer the arrested criminal suspect to the People's Procuratorate for prosecution or not.
    Article 156 of the Criminal Procedure Law stipulates that the period of investigation and detention of a criminal suspect after arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the People's Procuratorate at the next higher level.

    Legal basis: Article 22 of the Provisions on the Application of Criminal Detention Term by Public Security Organs

    If the public security organ, after investigation, is clear about the facts of the case and the evidence is reliable and sufficient, it shall transfer the case to the People's Procuratorate at the same level for examination and prosecution within the statutory detention period.
    If it is difficult to find out the facts of a certain crime among several criminal acts committed by a criminal suspect for a time, the identified crime shall be transferred for examination and prosecution within the statutory detention period.
    If the criminal suspect of the same case in a joint crime is at large, the criminal suspect who has been brought to justice shall be transferred for examination and prosecution within the statutory period of custody for investigation in accordance with the principle of clear basic facts and conclusive basic evidence.
    If the case of a criminal suspect being held in custody cannot be completed within the statutory time limit for investigation and detention, and further investigation is needed, the criminal suspect may obtain a guarantor pending trial or be placed under residential surveillance.

    One***

    2024-06-19 18:00:59

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