Those who report, accuse, report or voluntarily surrender themselves in violation of public security management, as well as cases of violation of public security management transferred by other administrative departments and judicial organs, shall be accepted and registered in time.
Step 2 decide
Before making a decision on administrative penalties for public security, the public security organ shall inform the facts, reasons and basis of violating administrative penalties for public security, and inform those who violate administrative penalties for public security of their rights according to law.
Step 3 perform
If a decision is made to impose administrative detention, it shall be sent to the detention center for execution by the public security organ that made the decision.
1. What are the procedures after being arrested for gambling?
1. After the people's procuratorate examines and approves the arrest, it may interrogate the criminal suspect; In any of the following circumstances, the criminal suspect shall be interrogated:
(1) has doubts about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(3) There may be major illegal acts in the investigation activities.
When examining and approving an arrest, the people's procuratorate may ask witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
2. After the procuratorate approves the arrest, the public security organ may continue the criminal investigation:
1. The detention period for investigation after the arrest of a criminal suspect shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
2, the public security organs to investigate the end of the case, it should be clear about the facts of the crime, the evidence is true and sufficient, write a prosecution opinion, together with the case files and evidence, transferred to the people's procuratorate at the same level for examination and decision.
3. The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
4, the people's Procuratorate to review the case, for the need for supplementary investigation, can be returned to the public security organs for supplementary investigation, can also be their own investigation. A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
5. If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
6. When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest.
Two. Relevant provisions of the Criminal Procedure Law
Criminal procedure law
Article 85 When a public security organ requests the arrest of a criminal suspect, it shall write a letter of approval of the arrest, and submit it to the people's procuratorate at the same level for examination and approval together with the case files and evidence. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
Article 86 After the people's procuratorate has examined and approved the arrest, it may interrogate the criminal suspect. In any of the following circumstances, the criminal suspect shall be interrogated:
(1) has doubts about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(3) There may be major illegal acts in the investigation activities.
When examining and approving an arrest, the people's procuratorate may ask witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
Article 87 Whether to examine and approve the arrest of a criminal suspect shall be decided by the people's procuratorate. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 88 After examining the cases submitted by the public security organs for approval of arrest, the people's procuratorate shall decide whether to approve the arrest or not according to the circumstances. The public security organ shall immediately implement the decision to approve the arrest and notify the people's procuratorate of the implementation in time. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ.
Article 89 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
Legal basis: Article 303 of the Criminal Law stipulates that anyone who opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.