How long can public security organs control criminal suspects?

In fact, the public security organs control the suspects for only 12 hours or 24 hours. If this time is exceeded, compulsory measures (detention, arrest, residential surveillance, bail pending trial) will be changed.

Procedures for handling criminal cases by public security organs

Article 76 The time for summoning shall not exceed 12 hours; If the case is particularly serious and complicated and requires detention or arrest, the detention period shall not exceed 24 hours with the approval of the person in charge of the public security organ at or above the county level. A criminal suspect shall not be detained in disguised form by continuous summons.

If the period of compulsory summons expires and no other compulsory measures are decided, the compulsory summons shall be terminated immediately.

Article 122 After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed 24 hours.

In case of detention in a different place, the criminal suspect shall be sent to the detention center for custody within 24 hours after arriving at the jurisdiction.

Article 123 The detention notice shall be notified to the family members of the detained person within 24 hours after the detention, except that the failure to notify or notify the crime suspected of endangering national security or terrorist activities may hinder the investigation. The notice of detention shall specify the reason and place of detention.

The provisions of the second paragraph of Article 109 of these Provisions shall apply to the case of "failure to notify" as stipulated in this Article.

In any of the following circumstances, it is "obstructing investigation" as stipulated in this article:

(a) may destroy or falsify evidence, interfere with witness testimony or collusion;

(2) It may cause accomplices to evade or obstruct the investigation;

(3) The criminal suspect's family members participate in the crime.

After the circumstances that cannot be notified or hinder the investigation disappear, the family members of the detained person shall be notified immediately.

If the family members are not notified within 24 hours, the reasons shall be indicated in the detention notice.

Article 124 A detained person shall be interrogated within 24 hours after detention. If it is found that it should not be detained, it shall be approved by the person in charge of the public security organ at or above the county level, and a release notice shall be made. The detention center shall issue a release certificate to the detainee according to the release notice and release it immediately.

Article 125 If it is considered necessary to arrest a detained criminal suspect after examination, it shall be reported to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submitting an arrest for examination and approval may be extended by one to four days.

With the approval of the person in charge of the public security organ at or above the county level, the time for applying for examination and approval for arrest of a major criminal suspect who has committed a crime on the run, repeatedly committed a crime or colluded with each other may be extended to 30 days.

The term "fugitive crime" as mentioned in this article refers to committing crimes continuously across cities and counties, or fleeing to other cities and counties to continue committing crimes after committing crimes at the place of residence; "Multiple crimes" refers to crimes committed more than three times; "Gang committing a crime" means that two or more people commit a crime together.

Article 126 If a criminal suspect does not give his real name and address and his identity is unknown, his identity shall be investigated. With the approval of the person in charge of the public security organ at or above the county level, the detention period shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts will not stop.

A criminal suspect who meets the conditions for arrest may also apply for approval of arrest according to his self-reported name.

Article 127 After examining the detained criminal suspect, it shall be reported to the person in charge of the public security organ at or above the county level for approval, and the following treatment shall be made respectively:

(a) if it is necessary to arrest, within the detention period, apply for approval of arrest according to law;

(2) Criminal responsibility shall be investigated, but if arrest is unnecessary, it shall be directly transferred to the people's procuratorate for examination and prosecution according to law, or transferred to the people's procuratorate for examination and prosecution after going through the formalities of obtaining a guarantor pending trial or monitoring residence according to law;

(3) If the detention period expires and the case has not yet been concluded, and it is necessary to continue the investigation, he shall go through the formalities of obtaining bail pending trial or residential surveillance according to law;

(four) under any of the circumstances stipulated in Article 183rd of these Provisions, the detained person shall be released and a release certificate shall be issued; If administrative treatment is needed, it shall be handled according to law or transferred to relevant departments.

Article 128 If a people's procuratorate decides to detain a criminal suspect, the public security organ at or above the county level shall make a detention permit according to the legal documents served by the people's procuratorate and execute it immediately. When necessary, the people's procuratorate may be requested to assist. After detention, it shall promptly notify the people's procuratorate.

If the public security organ does not arrest the criminal suspect, it shall notify the people's procuratorate that made the detention decision of the implementation and the reasons for not arresting the criminal suspect. If the criminal suspect is at large, the public security organ shall organize its forces to continue the execution before the people's procuratorate cancels the detention decision.