(1) duration is 12 hours.
Article 92 of the Criminal Procedure Law: The longest period of summons and forced summons shall not exceed 12 hours. A criminal suspect shall not be detained in disguised form by continuous summons.
(2) The term is 24 hours.
Article 75:
Residential surveillance shall be carried out at the residence of the criminal suspect or defendant; If there is no fixed residence, it can be executed at the designated residence. If the execution of a crime suspected of endangering national security or terrorist activities may hinder the investigation, it may also be executed at a designated residence with the approval of the public security organ at the next higher level. However, it shall not be carried out in detention places or special places for handling cases. If the designated residence is under residential surveillance, the family members under residential surveillance shall be notified within 24 hours after the implementation of residential surveillance, unless it is impossible to notify them.
Article 133:
The people's procuratorate shall interrogate the person detained in the case directly accepted within 24 hours after detention. According to the provisions of the Criminal Procedure Law, after a party is arrested, the people's court and the people's procuratorate must interrogate the person who decided to arrest each other, and the public security organ must interrogate the person who was arrested with the approval of the people's procuratorate within 24 hours after the arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued.
Extended data:
Section 2 Interrogation of Criminal Suspects
Article 118 The interrogation of a criminal suspect must be conducted by investigators of a people's procuratorate or a public security organ. During interrogation, there shall be no fewer than two investigators. After the criminal suspect is sent to the detention center for custody, the investigators shall interrogate him in the detention center.
Article 119 A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in 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.
Article 120 When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime and let him state his guilt or innocence before asking him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and truthfully confess the legal provisions that his crime can be dealt with leniently and pleaded guilty and given a lighter punishment.
Article 121 When interrogating a deaf-mute criminal suspect, people who are proficient in deaf-mute gestures should participate, and this situation should be clearly recorded.
Article 122 The interrogation record shall be checked by the criminal suspect, and read to him if he can't read. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall sign or seal his name after admitting that it is correct in the record.
Investigators should also sign the records. If a criminal suspect requests to write his own confession, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person.
Article 123 Investigators may record or video the interrogation process when interrogating a criminal suspect. For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, the interrogation process shall be recorded or videotaped. Audio or video recording should run through the whole process and remain intact.
Section 3 Questioning witnesses
Article 124 Investigators may question witnesses on the spot or at the unit, residence or place proposed by the witness. When necessary, the witness may be notified to testify in a people's procuratorate or a public security organ. When questioning witnesses on the spot, they should show their work certificates, and when questioning witnesses at their units, residences or places proposed by witnesses, they should show their certificates from people's procuratorates or public security organs.
The questioning of witnesses should be conducted separately.
Article 125 When questioning a witness, the witness shall be informed of the legal responsibilities that he shall truthfully provide evidence and testimony and intentionally commit perjury or conceal criminal evidence.
Article 126 The provisions of Article 122 of this Law shall also apply to the questioning of witnesses.
Article 127 The provisions of this section shall apply to the interrogation of victims.
Section 4 Inspection and Inspection
Article 128 Investigators shall conduct an inquest or inspection of places, articles, persons and corpses related to crimes. When necessary, people with specialized knowledge may be appointed or hired to conduct inquests and inspections under the auspices of investigators.
Article 129 Any unit or individual has the obligation to protect the crime scene and immediately notify the public security organ to send personnel to conduct an inquest.
Article 130 When conducting an inquest or inspection, investigators must hold the certification documents of the people's procuratorate or the public security organ.
Article 131 A public security organ has the right to decide to conduct an autopsy on a corpse with unknown cause of death and notify the family members of the deceased to be present.
Article 132 In order to determine certain characteristics, injuries or physiological conditions of victims and criminal suspects, people can be examined, fingerprint information can be extracted, and biological samples such as blood and urine can be collected.
If the criminal suspect refuses to check, the investigators may force the inspection when they think it necessary.
Physical examination of women should be conducted by female staff or doctors.
Article 133 An inquest or inspection shall be written in a written record, which shall be signed or sealed by the participants and witnesses.
Article 134 When examining a case, the people's procuratorate deems it necessary, it may request the public security organ to review the inquest and inspection of the public security organ, and may send procurators to participate.
Article 135 In order to find out the case, when necessary, with the approval of the person in charge of the public security organ, investigation experiments may be conducted. The investigation of the experiment shall be recorded in the record and signed or sealed by the participants in the experiment. In the investigation and experiment, all dangerous, insulting or immoral behaviors are prohibited.
People's Republic of China (PRC) Criminal Procedure Law-Baidu Encyclopedia