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How to calculate the detention period

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How to calculate the detention period


        

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  • 2024-05-26 13:00:23

    The term of custody of the defendant during the investigation 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 procuratorate at the next higher level.

    If a major criminal group case, a major and complex case of fleeing crime, or a major and complex case of remote areas with very inconvenient transportation cannot be completed within the above time limit, it may be extended for two months upon approval or decision of the procuratorate of the province, autonomous region, or municipality directly under the Central Government.

    If a particularly serious and complicated case cannot be concluded after the extension, the Supreme Procuratorate shall report to the Standing Committee of the National People's Congress for approval of the extension of hearing. The time limit for the defendant to be held in custody at the stage of trial and prosecution by the People's Procuratorate is one month, and the time limit for major and complex cases can be extended by half a month.

    If supplementary investigation is required, the supplementary investigation shall not exceed one month. The time limit for the people's court to handle cases of first instance and second instance is one month, but not more than one and a half months at the latest.

    [Legal Basis]

    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.

    One***

    2024-05-26 13:00:23

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