In general, summoning is applicable to criminal suspects and defendants who have been summoned according to law and refuse to appear in court without justifiable reasons. Under special circumstances, the public security and judicial organs can also apply the subpoena directly without being summoned according to the specific circumstances of the case.
What are the procedures for detention and summons in criminal cases?
According to the relevant provisions of the Criminal Procedure Law, the Supreme People's Court Interpretation, the Supreme People's Procuratorate Rules and the Regulations of the Ministry of Public Security, detention and summons shall be carried out in accordance with the following procedures:
1. The case-handling personnel shall fill out the Report on Calling for Detention and Summon, which shall be reviewed and approved by the person in charge of the department, and the person in charge of the public security organ shall take charge of it.
2. Detention and summons shall be executed in the city or county where the detainee is located. If the work unit, domicile and residence of the criminal suspect or defendant are not in the same city or county, detention shall be carried out in the city or county where the criminal suspect or defendant works; Under special circumstances, it can also be executed in the city or county where the criminal suspect or defendant has his domicile or residence. Where a public security organ, people's procuratorate or people's court detains or summons a criminal suspect or defendant outside its jurisdiction, it shall notify the local public security organ, people's procuratorate or people's court, and the local public security organ, people's procuratorate or people's court shall provide assistance.
3. There shall be no less than two public security and judicial personnel to carry out detention and summons. When summoning, the detainee shall show the warrant and order the detainee to sign (seal) the warrant and press the fingerprint. Those who resist summoning may use restraint to force them to appear in the case.
4. After the detainee arrives at the case, he shall be ordered to fill in the detention time card. Then the interrogation shall be conducted immediately, and after the interrogation, the interrogation end card shall be filled out. If the detainee refuses to fill it out, the public security and judicial personnel shall indicate it on the detention certificate.
5. after the interrogation, if the detainee meets the conditions of detention, arrest and other compulsory measures, other compulsory measures shall be taken according to law. Those who do not need to take other compulsory measures shall be released and their personal freedom restored.
VI. A detention or summons shall not exceed 12 hours at a time, and a criminal suspect or defendant shall not be detained or summoned continuously in disguised form. According to the needs of handling a case, a criminal suspect can be summoned for many times, but the time interval between two summonses is not clearly defined by law. In our opinion, in order to prevent detainees from taking the form of continuous disguised detention and ensure that detainees have a certain normal life and rest time, the interval between two detentions should be no less than 12 hours.
VII. If the detainee needs to be changed into other compulsory measures, a decision of approval or disapproval shall be made within the detention period; If the decision of approval cannot be made after the expiration of the detention period, the detention shall be lifted immediately.
Forcible summons is a compulsory measure when the criminal suspect does not respond to the summons of the people's court, the people's procuratorate and the public security organ, thus revealing that the criminal suspect cannot escape the court trial. The arrest of the criminal suspect through strict procedures ensures the interrogation of the criminal suspect and a thorough understanding of the case, which is of great help to the subsequent review and the conclusion of the case. If you still need to know in this respect, Hualv. com also provides online consulting service for lawyers. You are welcome to have legal consultation.
Legal basis:
Article 59 of the Law of the People's Republic of China on Entry-Exit Administration
Persons suspected of violating entry-exit administration regulations may be questioned on the spot; After on-the-spot inquiry, in any of the following circumstances, the inquiry can be continued according to law:
(1) Suspected of violating the entry-exit administration;
(2) assisting others to enter or leave the country illegally;
(3) Foreigners are suspected of illegal residence or illegal employment;
(4) endangering national security and interests, disturbing social order or being suspected of other illegal and criminal activities.
On-the-spot questioning and continuing questioning shall be conducted in accordance with the procedures stipulated in the People's Police Law of the People's Republic of China and the People's Police Law of the People's Republic of China.
if the public security organ of the local people's government at or above the county level or the entry-exit frontier inspection organ needs to summon a person suspected of violating the exit-entry administration, it shall be implemented in accordance with the relevant provisions of the People's Republic of China (PRC) Public Security Administration Punishment Law.
article 6 if a foreigner falls under any of the circumstances specified in the first paragraph of article 59 of this law and cannot be ruled out after on-the-spot questioning or continuous questioning, and needs further investigation, he may be detained for examination.
The detention review decision shall be submitted within 24 hours and interrogated. If it is found that the detention review should not be carried out, the detention review should be lifted immediately.
The detention review period shall not exceed 3 days; If the case is complicated, it may be extended to 6 days with the approval of the public security organ of the local people's government at the next higher level or the entry-exit frontier inspection organ. For foreigners with unknown nationality and identity, the detention review period shall be counted from the day when their nationality and identity are ascertained.
The above is the analysis of relevant issues by the Court Cube. If you have any other legal questions, you are welcome to go to the website of the Court Cube for criminal lawyer consultation.