Traditional Culture Encyclopedia - Hotel franchise - Does 21 days of quarantine count as detention time?

Does 21 days of quarantine count as detention time?

The 21 days of quarantine does not count as detention time. Criminal detention is calculated in days. The day when the period begins is not within the period, that is, it is calculated from the day after the period begins. The expiration of the period ends on the last day of the legal period. The length of criminal detention usually ranges from 14 days to 37 days.

If the public security organ considers that a detained person needs to be arrested, the arrest shall be made within 3 days after detention. Under special circumstances, it may be extended by 1 to 4 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 procuratorate will make a decision within 7 days to approve or disapprove the arrest.

Legal basis

"Criminal Procedure Law of the People's Republic of China"

Article 75: Residential surveillance shall be carried out on criminal suspects and defendants The execution can be carried out at the person's residence; if there is no fixed residence, the execution can be carried out at a designated residence. For suspected crimes endangering national security or terrorist activities, if execution at the residence may hinder the investigation, execution at the designated residence may also be carried out with the approval of the public security organ at the next higher level. However, it shall not be carried out in places of detention or specialized case handling places.

For residential surveillance at a designated location, unless notification is impossible, the family members of the person under residential surveillance shall be notified within 24 hours after the residential surveillance is implemented.

The provisions of Article 34 of this Law shall apply to criminal suspects and defendants who are under residential surveillance and entrust defenders.

The People’s Procuratorate supervises whether the decision and implementation of residential surveillance at a designated location is legal.

Article 91: If the public security organ considers that a detained person needs to be arrested, it shall submit it 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.