When a criminal case is filed, no one will be detained without evidence, and there is a process from filing to arrest. According to the Criminal Procedure Law of People's Republic of China (PRC), general criminal cases go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court).
Detention is detention, detention. Generally, it can be divided into criminal detention, administrative detention and civil detention. Among them, criminal detention is a compulsory measure in criminal proceedings; Administrative detention belongs to public security administrative punishment; Civil detention is a kind of judicial administrative treatment and a compulsory measure in civil litigation.
According to the law, detention is carried out by public security organs. If the case-handling personnel of the public security organ think it necessary to detain the criminal suspect, they shall fill in the Report on Requesting Detention, stating the situation of the criminal suspect and the reasons for detention, and submit it to the person in charge of the public security organ for examination and approval, issue a detention permit to the procuratorial organ, and detain the criminal suspect. The case-handling personnel shall put forward their opinions, the department head shall review them, the procurator-general shall make a decision, and then deliver them to the public security organ for execution.
When the public security organ carries out detention, it shall hold the detention certificate issued by the public security organ at or above the county level, show the detention certificate to the detainee and announce the detention. Ordering the detained person to sign or seal the detention certificate. If the detainee refuses to sign or seal, it shall be indicated. When necessary, the detainee may use police equipment and weapons according to law. It is illegal not to show the detention permit, or to detain first and then reissue the detention permit.
When a public security organ detains a person, it must produce a detention permit. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 82
The public security organ may detain an active criminal or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Article 81 A criminal suspect or defendant who has evidence to prove that he has committed a crime and may be sentenced to fixed-term imprisonment or more shall be arrested if bail pending trial is insufficient to prevent the following social dangers:
(a) New crimes may be committed;
(two) there is a real danger of endangering national security, public safety or social order;
(three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion;
(4) It is possible to take revenge on the victim, prosecutor or accuser;
(5) attempting to commit suicide or escape.
When approving or deciding to arrest, the nature, circumstances, confession and lighter punishment of the criminal suspect and defendant should be taken as factors to consider whether social danger may occur.
If there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is intentional crime or the identity is unknown, it shall be arrested.
If the circumstances are serious, a criminal suspect or defendant who has been released on bail pending trial or under residential surveillance may be arrested.
Article 115 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 116 After investigation, the public security organ shall conduct a preliminary examination of cases with evidence to prove criminal facts, and verify the evidence materials collected and collected.