In the face of public security summons, the public security organ may carry out compulsory summons according to law if it refuses to go without justifiable reasons. Compulsory summons refers to an administrative compulsory measure that the public security organ takes the suspect who violates public security administration without justifiable reasons to the public security organ or the designated place for interrogation and restricts personal freedom when handling administrative cases.
Summoning refers to the litigation activities in which the public security and judicial organs notify the parties to criminal proceedings to be interrogated at a specified time and place by summons.
Summons can be divided into the following three categories:
1, oral summons. Those who violate the administration of public security found on the spot can be summoned orally, and can be summoned orally when handling public security cases with summary procedures;
2. A written summons. Written summons refers to a way that the public security organ uses a summons card to order the offender to arrive at a designated place at a designated time for interrogation.
3. Compulsory summons. If a person who violates the administration of public security refuses to accept the summons or evades the summons without justifiable reasons, the public security organ may compel the summons.
legal ground
Article 82 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment requires summoning a person who violates public security administration for investigation. With the approval of the person in charge of the case-handling department of the public security organ, he shall be summoned with a summons certificate. The people's police may summon an offender found on the spot who violates the administration of public security orally after producing his work certificate, but it shall be indicated in the inquiry record. The public security organ shall inform the summoned person of the reasons and basis for summoning. A person who refuses to accept a summons or evades it without justifiable reasons may be summoned by force. Article 119 of the Criminal Procedure Law of People's Republic of China (PRC), a criminal suspect who does not need to be arrested or detained may be summoned to the designated place of 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.
Summons and summonses shall not last more than 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.