First, is it legal to execute the summons and wear handcuffs?
Legal. According to the provisions of China's cr
First, is it legal to execute the summons and wear handcuffs?
Legal. According to the provisions of China's criminal procedure law, in principle, it is legal for investigation organs to summon criminal suspects who do not need to be arrested or detained, even if they are handcuffed. According to 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.
Second, is summoning a compulsory measure?
1. Call has notification function. The essence of summoning is a litigation activity to inform a specific person to appear in court by himself according to legal procedures, and its purpose is to ensure the smooth progress of litigation activities.
2. Summons are not compulsory measures. There are five kinds of compulsory measures, including summons, bail pending trial, residential surveillance, detention and arrest, and summons is not among the statutory compulsory measures. It can be seen that summoning is not a criminal compulsory measure.
3. Summons are potentially and indirectly mandatory. First of all, the stipulation that "no summoning by sending someone to escort or using police equipment" is not directly mandatory;
Secondly, when summoning, the investigation organ may order the criminal suspect to sign the summons card and press the fingerprint. Therefore, summoning is potentially mandatory;
Finally, although summoning is not a statutory criminal compulsory measure, defendants who refuse to appear in court after summoning according to law, or defendants who need to be summoned according to the circumstances of the case, can be summoned. It can be seen that forced summoning is an indirect legal consequence of not fulfilling summoning.
4. Summoning is an act of investigation. "Interrogating a criminal suspect" refers to summoning as a kind of investigation behavior, which is a special investigation activity carried out by the investigation organ in the process of handling cases according to law.
In the process of summoning a criminal suspect, it is legal to handcuff the criminal suspect, and it is also possible not to handcuff him. Summon has the function of notification, not a coercive measure, but a potential and indirect coercive act. There are five kinds of compulsory measures, including compulsory summons, bail pending trial, residential surveillance, detention and arrest.