User consultation:
Under what circumstances will an oral summons be made?
Lawyer Jiang Tao of Guangdong Gexiang Law Firm replied:
Oral summons according to law must meet the following conditions:
1. An actor who violated public security management was found at the scene.
2. The people's police shall show their work certificates.
The application of oral summons is as follows: in non-violent cases with little social influence and little personal risk of criminal suspects, oral summons can be used. The time limit for summoning or arresting shall not exceed twelve hours. If the circumstances are particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning and arrest shall not exceed 24 hours. The necessary condition of oral summons is to find the perpetrator who violates public security management at the scene. The people's police shall show their work certificates.
According to Article 82 of the Law on Public Security Administration Punishment, if it is necessary to summon a person who violates public security administration for investigation, he shall be summoned with a summons certificate with the approval of the person in charge of the case-handling department of the public security organ. The people's police may summon an offender found on the spot who violates the administration of public security orally after producing his work certificate, but it shall be indicated in the inquiry record.
Analysis of Lawyer Jiang Tao of Guangdong Gexiang Law Firm;
1. If it is necessary to summon an illegal suspect for investigation, with the approval of the person in charge of the case-handling department of the public security police station or the public security organ at or above the county level, a summons card (summons) shall be used for summoning.
2. The people's police can verbally summon the illegal suspects found on the spot to produce their work certificates, and indicate the process, time and departure time of the illegal suspects in the inquiry record.
3. The public security organ shall inform the summoned person of the reasons and basis for summoning.
4. Those who refuse to accept or evade summoning without justifiable reasons and other violators who can be summoned according to law may be summoned by force. When forced to summon, you can use binding police equipment such as handcuffs and police ropes according to law.
5. The public security organ shall promptly notify the family members of the summoned person by telephone, text message, fax, etc.
6. When the public security organ summons an illegal suspect, if his family members are present, he shall verbally inform his family members of the reason and place for summoning on the spot, and indicate it in the inquiry record.
7. If the summoned person refuses to provide the contact information of his family or there are other circumstances that cannot be notified, he may not notify, but it shall be indicated in the inquiry record.
Article 119 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that a criminal suspect who does not need to be arrested or detained may be summoned to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
Brief introduction of lawyer Jiang Tao
Accept the fate of others and undertake the legal affairs of each party without your entrustment.