I. Duties and powers of public security organs
Public security organs, as the law enforcement organs of the country, bear the important responsibilities of maintaining social order and cracking down on crimes. In cases involving fraud, the public security organs are responsible for putting on record for investigation, collecting evidence, finding out the facts of the crime and taking compulsory measures against the suspects according to law. As one of the compulsory measures, arrest aims to ensure that the suspect will not evade investigation or trial and ensure the smooth progress of the case.
Second, the conditions and procedures of arrest.
According to the Criminal Procedure Law of People's Republic of China (PRC), an arrest must meet three conditions at the same time: first, there is evidence to prove that there is a criminal fact; Second, it may be sentenced to more than fixed-term imprisonment; Third, bail pending trial is not enough to prevent the following social dangers, that is, there is a real danger of endangering national security, public safety or social order, which may destroy or falsify evidence, interfere with witnesses' testimony or collusion, retaliate against victims, prosecutors and accusers, and attempt suicide or escape. If these conditions are met, the public security organ may apply to the people's procuratorate for an arrest warrant and execute the arrest after approval.
In the process of arrest, public security organs must strictly abide by legal procedures and protect the legitimate rights and interests of criminal suspects. The arrest warrant must be produced at the time of arrest, and the rights and obligations of the criminal suspect must be informed. At the same time, criminal suspects also have the right to apply for defense lawyers to defend themselves and appeal.
Third, the cooperation of other relevant departments.
For those suspected of fraud, in addition to the public security organs, other relevant departments will also actively cooperate with the fight against crime. For example, procuratorial organs will supervise the investigation activities of public security organs to ensure that cases are handled according to law; The court is responsible for trying criminal suspects and making corresponding judgments. In addition, finance, telecommunications and other departments will also provide necessary support and assistance to help public security organs trace the flow of funds and lock in criminal suspects.
To sum up:
Suspects suspected of fraud should be arrested by public security organs. In the process of investigation according to law, the public security organ will take necessary compulsory measures according to the situation of the case to ensure the smooth progress of the case. In the process of arrest, public security organs must strictly abide by legal procedures and protect the legitimate rights and interests of criminal suspects. At the same time, the active cooperation of other relevant departments is also an important link in combating fraud.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 80 provides that:
The arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's court and executed by the public security organ.
Article 8 1 stipulates that:
Criminal suspects and defendants who have evidence to prove the facts of the crime and may be sentenced to more than fixed-term imprisonment shall be arrested if bail pending trial is not enough to prevent the following social dangers:
(a) New crimes may be committed;
(two) there is a real danger of endangering national security, public safety or social order;
(three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion;
(4) It is possible to take revenge on the victim, prosecutor or accuser;
(5) attempting to commit suicide or escape.
Procedures for handling criminal cases by public security organs in People's Republic of China (PRC)
Article 124 stipulates:
The public security organ may detain an active criminal or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.