According to the regulations, people will not be detained after summoning, unless illegal and criminal facts are found in the investigation, in which case the suspect may be detained. If the investigation results show that there are no illegal and criminal facts, or the evidence is insufficient, the public security organ must immediately release the personnel. The maximum time limit for summoning is 24 hours. Therefore, if you are allowed to go home after being summoned, it usually means that at the current investigation stage, the police do not have enough reasons or evidence to detain people. Of course, if new evidence or circumstances change in the follow-up investigation, the legal procedures may be different.
Legal procedures for summoning:
1. Definition of summoning: Summoning refers to the legal act that the judicial organ informs the criminal suspect, defendant or other persons involved in the case to go to the designated place for investigation or participate in litigation activities according to law;
2. Conditions for summoning: There must be reasonable reasons or evidence to show that the individual is related to the case, and his attendance is of great significance to the investigation or handling of the case;
3. Procedure of summons: Usually, the judicial organ will issue a summons certificate stating the time, place and reason of summons, which will be served by law enforcement personnel;
4. Notification of the right to summon: The summoned person shall be informed of his legal rights and obligations, including but not limited to the right to remain silent and the right to entrust a lawyer;
5. Time limit for summoning: According to the law, summoning should be carried out within the prescribed time limit, and summoning beyond the statutory time limit is illegal. Usually, the summons shall not exceed 24 hours, and may be extended appropriately under special circumstances, but the total time limit shall not exceed 36 hours.
To sum up, after being summoned, unless the investigation finds conclusive evidence of illegality or crime, it will generally not be detained; If you are sent home, it shows that the police lack sufficient reasons for detention at present, but with the deepening of the investigation, if new evidence appears, the legal procedures may be adjusted accordingly.
Legal basis:
Criminal Procedure Law of the People's Republic of China
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.