In criminal proceedings, the procuratorate usually summons the suspect before approving the arrest. The purpose of arraignment is to know the facts of the case, listen to the defense opinions and ask the opinions of the parties. As a reference for deciding to arrest. During the arraignment, the criminal suspect has the right to express his opinions freely and can defend himself accompanied by a lawyer. The methods and procedures of arraignment usually include the following aspects: 1. Summon the suspect to the procuratorate or the court for interrogation; 2. Inform the criminal suspect that he has the right not to testify or plead guilty according to the provisions of the Criminal Procedure Law; 3. Ask the criminal suspect about his identity, family background, work experience and other basic information; Four, understand the criminal facts and relevant evidence of the criminal suspect; 5. Listen to the opinions of criminal suspects and their defenders; 6. Inform the criminal suspect of his litigation rights and obligations according to law; Seven, explain the arrest decision and the relevant provisions to protect the rights of the defendant. Generally speaking, arraignment is an important procedure, which can help procuratorial organs and courts better understand the facts of the case and the attitude of the parties, and provide important reference for making arrest decisions.
What if the suspect does not cooperate with the arraignment? If a criminal suspect does not cooperate with the arraignment, he may be summoned to the scene for interrogation by the procuratorial organ in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC). If the suspect refuses to be present, the procuratorate may apply to the court for compulsory measures, and the court will assist in summoning the suspect to be present for interrogation.
The procedures and regulations of the procuratorial organ for arraignment of the trial provide relevant legal advice and guidance to the investigated parties in a timely manner, help them exercise their litigation rights reasonably and safeguard their legitimate rights and interests.
Legal basis:
Article 3 of the Criminal Procedure Law of People's Republic of China (PRC) is responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.