Chinanews Client Beijing, August 16 (Peng Ning Ling, Ren Jing) On the 16th, the People's Procuratorate of Chaoyang District, Beijing, notified that the criminal suspect Wu Moufan was arrested on suspicion of rape.

Prior to this, on July 31, the Chaoyang police in Beijing reported that Wu Moufan had been detained on suspicion of rape.

　　What is the process from criminal detention to arrest?

Will the foreign status affect the arrest process?

In response, Chinanews interviewed Pang Jiulin, director of Beijing Chunlin Law Firm, and Yang Chen, lawyer of Beijing Zhongwen Law Firm.

Data map: Wu Yifan.

Question: What are the conditions to approve the arrest?

　　Yang Chen: According to my country's criminal law, at least three conditions must be met to approve an arrest.

　　First, there must be evidence to prove the fact of the crime.

Secondly, the statutory penalty may be sentenced to imprisonment or more.

In addition, if the arrest is not approved, the suspect will have some social dangers, such as harassing the victim, interfering with the witness’s testimony, colluding to confess, destroying and falsifying evidence, committing a new crime, attempting to commit suicide, or fleeing.

　　Pang Jiulin: In addition, for the crime of rape that may be involved, the statutory penalties are "three years or more and less than ten years imprisonment" and "more than ten years imprisonment, life imprisonment or death penalty". If the suspect is accused of criminal facts, the sentence range For “imprisonment of more than ten years, life imprisonment, or death penalty”, according to the relevant provisions of the Criminal Procedure Law, if there is evidence to prove that there is a criminal fact, the sentence may be sentenced to ten years or more imprisonment, etc., should be arrested.

Question: How many days does it usually take from criminal detention to arrest?

　　Yang Chen:

Generally, individuals are suspected of committing crimes, and the detention period is generally within 3 days. Under special circumstances, it can be extended by 1 to 4 days.

In other words, the public security agency can generally detain the criminal suspect for up to 7 days and apply to the procuratorate for approval of arrest within 7 days.

The procuratorate shall make a decision to approve the arrest or not to approve the arrest within 7 days after receiving the public security organ’s request to approve the arrest.

　　In addition, those who are suspected of committing crimes on multiple occasions, committing crimes on the fly, or ganging up to commit crimes can be detained to 30 days.

In addition to the 7 days for the procuratorate to review and approve the arrest, the longest detention period before approving the arrest can reach 37 days.

Question: Wu Moufan is a foreigner. What is the process from criminal detention to arrest?

　　Yang Chen: Generally, for cases that do not involve foreigners or stateless persons, the public security organs petition the procuratorate to approve the arrest, and the procuratorate makes a decision to approve the arrest or not to approve the arrest.

　　The arrest of foreigners is differentiated according to the charges involved.

If a foreigner is suspected of rape, the People’s Procuratorate that decides to approve the arrest should generally report to the higher-level People’s Procuratorate for the record within 48 hours of making the decision to approve the arrest, and at the same time notify the foreign affairs department of the people’s government at the same level.

If the people’s procuratorate at a higher level finds that the decision to approve the arrest is wrong after review, it shall promptly correct it in accordance with the law.

　　Pang Jiulin: According to my country's criminal law, criminal responsibility should be investigated for crimes committed by foreigners who enjoy diplomatic privileges and immunities, and they shall be resolved through diplomatic channels.

　　In accordance with the procedures for handling criminal cases by the public security organs, after a foreign nationality criminal suspect has made a decision on bail pending trial, residential surveillance or detention or arrest in accordance with the law, the provincial public security organ shall, in accordance with relevant regulations, give his name, gender, entry time, passport or certificate The number, time and place of the occurrence of the case, the main facts of the suspected crime, the compulsory measures taken and the legal basis, etc., shall be notified to the embassy and consulate of the country to which the foreigner belongs, and the Ministry of Public Security shall be reported at the same time.

Question: After the arrest, what might be the next step?

　　Yang Chen: After the procuratorate approves the arrest, the public security organs will continue to investigate.

The period of continued investigation is generally 2 months.

In addition, it is not ruled out that the investigation and detention period will be extended due to the complexity of the case or the wide range of cases and difficulty in obtaining evidence.

　　If the public security organ believes that the facts of the case are clear and the evidence is reliable and sufficient, it will transfer the prosecution opinion together with the case file and evidence to the procuratorate for review and prosecution.

　　If the public security organ finds that the case is suspicious, it can change the criminal suspect’s compulsory measures to release on bail pending trial, and notify the procuratorate that approved the arrest at the same time.

If the public security organ finds that the suspect may not constitute a crime, it can dismiss the case.

Question: After being arrested, when will prosecution be possible?

　　Yang Chen:

At present, the prosecution is still a stage of review and prosecution by the procuratorate.

　　The general time limit for review and prosecution is one month.

The case can be extended for 15 days if the case is serious and complicated.

If the facts of the case are still unclear and the evidence is insufficient, the procuratorate can return to the public security organ for supplementary investigation, and supplementary investigation is limited to one month.

The procuratorate has two opportunities to return for additional investigations.

After that, a decision to prosecute or not to prosecute must be made.

(Finish)