15
hours of arrest and authorise
immediate release if that
individual should not have been arrested.
According to Article
92 of the Criminal
Procedure law a defendant cannot be held in custody during investigation for more than 2 months.
However, this
Article permits a higher procuratorate to extend the period by 1 month in complex cases and also authorises the Supreme People's Procuratorate to extend the period indefinitely in particularly grave and complex cases.
that
the
There is widespread public recognition in China criminal law process falls short of its legislative standards. In the area of detention and arrest statutory time limits are frequently ignored and detainees are often held in detention in violation of their legal rights.
The provisions of the Criminal Procedure Law should also be viewed in the context of the non-criminal law
powers referred to above. It is apparent that the minimal safeguards of the Criminal Procedure Law can be avoided by use of these administrative powers by the public security authorities.
Buelle
(PN Keller ) Consultant 21 March 1989
at
1. 王军,我国刑法与治安管理处罚的协调:法学 1987/889 2.熊武,熊贵,析收容審查中值得重视的几个问题
法学 1988/8 at 28
3. Ibid
4. 傅革,劳動教養立法的理论与实践
法学
1987/7 at 44