Do I need to notify my family members of the subpoena?

There is no requirement that judicial organs must inform their families when summoning criminal suspects or defendants. There is no clear legal provision on whether family members of criminal suspects or defendants need to be informed after judicial organs summon them, and there are no universal "hidden rules" in practice. Therefore, when a person is arrested, some public security organs will notify his family members, while others will not. Compulsory summons is one of the lightest coercive measures in China's criminal procedure system. The public security organs, people's procuratorates and people's courts have the right to decide its application during the course of criminal proceedings. The maximum period for which a suspect may be held before detention is 24 hours. Therefore, in this case, the time to notify family members is generally 48 hours. If the public security organs or procuratorates restrict the personal freedom of criminal suspects, according to the law, summons or compulsory summons shall generally not exceed 12 hours, and they shall not be detained in disguised form by continuous summons or compulsory summons. If it is a criminal detention, except for the three types of circumstances that hinder the investigation or cannot be notified, the detained person's family or unit should be notified within 24 hours. Close relatives have the right to know. Whether it is a criminal detention notice in the form of a phone call or email, family members can learn about the alleged crime and the location of the detention center from the case handlers. If you are under criminal detention or arrested, only a lawyer can see you. Under existing laws, family or friends cannot meet suspects except when they attend court. During this period, only entrusted lawyers can enter the detention center to meet with criminal suspects or defendants. Lawyers can enter the detention center to learn the following information: whether they have been tortured to extract confessions, whether they have been bullied or abused by fellow prisoners, provide them with legal advice and help, understand the crimes involved and the relevant circumstances of the case, and provide feedback to family and friends about their concerns and hopes. As well as their situation inside, obtaining bail on their behalf, filing complaints or charges on their behalf, etc.

The main procedures for summons are:

1. Fill in the fine and confiscation voucher and submit it to the person in charge for approval.

If the case handlers believe that it is necessary to take compulsory summons measures based on the case handling situation, they should first fill out the "Compulsory Summons Certificate" and then submit it to the people's court, people's procuratorate and public security organs for approval.

2. Execution of subpoena.

The subpoena should be executed by more than two executors. When being compulsorily summoned, a detention warrant must be produced. If a person resists a compulsory summons, he or she may be forced to appear in court.

3. The number and time of subpoenas.

The duration of a summons or summons shall not exceed twelve hours; if the case is particularly serious and complex and requires detention or arrest measures, the duration of a summons or compulsory summons shall not exceed 24 hours.

Criminal suspects shall not be detained in disguised form by means of continuous summons, compulsory summons, etc. When summoning or detaining a criminal suspect, the criminal suspect shall be guaranteed food and necessary rest time.

4. The place of summons.

The place where criminal suspects and defendants are arrested shall be within the city or county. If the criminal suspect's work unit, residence, or place of residence are not in the same city or county, he shall be detained in the city or county where the criminal suspect's work unit is located; under special circumstances, he may also be detained in the city or county where the criminal suspect has his domicile or residence. County conducted.

5. The results of the subpoena.

After the public security organs summon criminal suspects and defendants to the case, they should immediately interrogate them. After the interrogation is over, different treatments should be made based on the circumstances of the case: if it is believed that personal freedom should be restricted or deprived in accordance with the law, other corresponding compulsory measures can be taken; if it is considered that other compulsory measures are not appropriate, the person should be released immediately and no disguised detention is allowed.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 83: When detaining a person, the public security organ must produce a detention warrant. After being detained, the detainee shall be immediately sent to a detention center for custody and shall not exceed twenty-four hours. Unless notification is impossible or notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the detainee's family members must be notified within 24 hours after detention. The detainee's family members should be notified immediately after the circumstances that hindered the investigation disappear.

Article 117 The duration of a summons shall not exceed twelve hours; if the case is particularly serious and complex and requires detention or arrest measures, the duration of the summons or compulsory summons shall not exceed 24 hours.