1. If the police do not have a complete chain of evidence to prove that a person has violated the law and committed a crime, they will not be detained. They can only be applied to interrogation and summoned detention, but not to detention.
2. Paragraph 2 of Article 1 17 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates:
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.
3. Article 83 1 of the Law on Public Security Administration Punishment stipulates:
In violation of public security management, the public security organ shall promptly ask for verification after summoning, and the time for inquiry and verification shall not exceed eight hours; If the situation is complicated and the punishment of administrative detention can be applied according to the provisions of this law, the time for questioning and verification shall not exceed 24 hours.
Extended data
Detention procedure
1. When the case-handling personnel of the public security organ think it necessary to detain the criminal suspect, they shall fill in the Detention Report for Letters and Visits, indicate the relevant information and reasons, and issue a detention certificate after being audited by the department leader and approved by the person in charge of the public security organ. When a procuratorial organ detains a criminal suspect, it shall put forward the opinions of the case-handling personnel, which shall be examined by the person in charge of the department, decided by the procurator-general and sent to the public security organ for execution.
2. If it is too late to go through the detention formalities in an emergency, the people's procuratorate may first take the suspect to the public security organ and go through the detention formalities immediately. Due to the laws of our country, detention is carried out by public security organs. Therefore, if the people's procuratorate decides to detain a criminal suspect, it shall be executed by the public security organ, and the people's procuratorate may assist the public security organ when necessary.
3. 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 it to the detainee and announce the detention. Then order the detained person to sign, seal or restrain the fingerprint on the detention certificate. If the detainee refuses to sign, seal or fingerprint, the executor shall indicate it on the detention certificate.
References:
Baidu encyclopedia-detention procedure