1. When carrying out detention, the public security organ shall hold a valid detention certificate and show it to the detained person.
According to the law, detention is carried out by public security organs. When the public security organ carries out detention, it shall show the detainee the detention certificate issued by the public security organ at or above the county level and announce the detention. Ordering the detained person to sign or seal the detention certificate. If the detainee refuses to sign or seal, it shall be indicated. It is illegal not to show the detention permit, or to detain first and then reissue the detention permit.
2. Under normal circumstances, the public security organ shall notify the family members of the detained person or their unit within 24 hours of the reason and place of detention.
According to the provisions of Article 83 of the new Criminal Procedure Law, after detention, the organ that decided to detain should make a detention notice within 24 hours, stating the reasons and place of detention, and serve it to the family members of the criminal suspect or his unit, except those that hinder the investigation or cannot be notified.
3. Interrogation shall be conducted within 24 hours after detention.
According to Article 84 of the new Criminal Procedure Law, the public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, a release notice will be issued, and the detention center will issue a release certificate to the detainee with the release notice and release it immediately. If a detainee is approved for arrest, he shall be tried in accordance with the provisions of the Criminal Procedure Law. If later acquitted, the detainee can apply for state compensation.
The maximum period of criminal detention shall not exceed 37 days, unless the arrest is approved.
After examining the criminal suspect in custody, according to the case, it shall be reported to the person in charge of the public security organ at or above the county level for approval, and the following treatments shall be made respectively:
(1) If it is necessary to arrest, the application for approval of arrest must be handled according to law within the detention period;
(two) criminal responsibility should be investigated, but it is not necessary to arrest, and after going through the formalities of obtaining a guarantor pending trial or residential surveillance according to law, it is directly transferred to the people's procuratorate for prosecution;
(3) If the main facts of the crime cannot be ascertained during the period of detention, the investigation shall continue after going through the formalities of obtaining a guarantor pending trial or residential surveillance according to law;
(4) To cancel or decide not to prosecute the case, release the detainee and issue a release certificate.