Legal basis: "People's Republic of China Criminal Procedure Law"
Article 82 A public security organ may detain a flagrante delicto or a major suspect in advance under any of the following circumstances:
(1) He is preparing to commit a crime, commits a crime or is found immediately after committing a crime;
(2) identified by the victim or the person present;
(3) criminal evidence is found around or at his residence;
(4) attempted suicide, escape or escape after committing a crime;
(5) it is possible to destroy, forge evidence or collude with others;
(6) Not telling his real name and address, and his identity is unknown;
(7) those who are seriously suspected of committing crimes on the run, committing crimes for many times, and committing crimes in association.
article 85 if a public security organ detains a person, it must produce a detention permit.
immediately after detention, they should be sent to a detention center for detention, and the detention time should not exceed 24 hours. The family members of the detained person shall be notified within 24 hours after detention, except in cases where it is impossible to notify or the notification of crimes suspected of endangering national security or terrorist activities may hinder the investigation. As soon as the circumstances that hinder the investigation disappear, the families of the detainees should be informed immediately.
article 91 if a public security organ deems it necessary to arrest a detainee, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the time for submitting for examination and approval may be extended by 1 to 4 days.
The time limit for reporting for examination and approval can be extended to 3 days for major suspects who commit crimes on the run, commit crimes for many times or commit crimes in association.
the people's procuratorate shall make a decision on whether to approve or disapprove the arrest within seven days from the date of receiving approval of arrest from the public security organ. If the people's procuratorate does not approve the arrest, the public security organ shall release it immediately after receiving the notice and notify the people's procuratorate of the implementation in time. For those who need to continue the investigation and meet the conditions of obtaining a bail pending trial or residential surveillance, they shall be released on bail pending trial or residential surveillance according to law.