First, what should I do after being detained in criminal detention?
1. If the public security organ or procuratorate restricts the personal freedom of your relatives and friends, according to the law, the summons or compulsory summons shall generally not exceed 12 hours, and you shall not be detained in disguised form by continuous summons or compulsory summons. If it is a criminal detention, except for three kinds of circumstances that hinder the investigation or cannot be notified, the family members or the unit where the detainee belongs shall be notified within 24 hours.
2. Close relatives have the right to know. Whether it is a notice of criminal detention by telephone or email, you can ask the case handlers about the alleged charges and the location of the detention center.
If you are under criminal detention or arrested, only a lawyer can see you. According to the existing law, family members or friends can't meet criminal suspects, only when they attend court meetings. During this period, only lawyers are entrusted to enter the detention center to meet with criminal suspects or defendants. Lawyers can enter the detention center to learn the following information: whether your relatives and friends were tortured to extract confessions, whether they were bullied or abused by fellow prisoners, provide them with legal advice and help, learn about the crimes and cases involved, feedback the concerns and hopes of relatives and friends, and their situation inside, get bail on their behalf, appeal or accuse on their behalf, and so on.
Whether it is for relatives and friends, or for arrested criminal suspects and defendants, it is most conducive to protecting their legitimate rights and interests to find a lawyer to intervene at the first time.
Second, the difference between administrative summons and criminal summons:
1, different in nature: public security summons is an administrative measure, and criminal summons is an investigation act;
2. Different application bases;
3. Applicable object: Public security summons is aimed at those who violate the regulations on administrative penalties for public security, and criminal summons is applicable to criminal suspects who do not need to be detained or arrested;
4. Different application procedures: public security summons does not need the approval of the person in charge of the public security organ at or above the county level, and criminal summons needs the approval of the person in charge of the case-handling department;
5. The applicable time limits are different: the time limit for public security summons is 24 hours, and the time limit for criminal summons is 12 hours, with the exception of 24 hours.
6. There are different provisions on whether a summons can be enforced.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 66
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, arrest the criminal suspect or defendant, obtain bail pending trial or place him under residential surveillance.
Article 119
A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificates 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.
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.
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.