We often say that "being arrested" generally refers to being criminally detained by public security organs. If you break the law in your life, you may be criminally detained.
1. What is the handling process after criminal detention?
In the process of criminal proceedings, criminal detention is a temporary compulsory measure for criminal suspects and defendants, and criminal detention is taken to ensure the smooth progress of the proceedings. So, what should I do after criminal detention? As a family member or friend, first of all, you should know the facts of the suspected crime from the public security organ or procuratorate handling the case at the first time. Secondly, he has the right to know the place of detention from the case-handling organ. According to the law, summons and detention shall not exceed 12 hours, and criminal suspects shall not be detained in disguised form by summons or detention. After detaining a person, the public security organ shall notify the detainee's family or his unit within 24 hours of the reason and place of detention, unless it hinders the investigation or cannot inform him. Thirdly, if you have been detained for dozens of days without being informed of the detention, this situation is usually that the prisoner is caught in another place. Under normal circumstances, the public security organs will not ignore the procedure of informing the family members, so the family members of prisoners need not be too suspicious. In this case, the suspect's family can contact the local police station directly by telephone to find out whether there is a detention notice, so as to know the place and reason of the prisoner's detention. Finally, if family members know where their relatives are detained or arrested, they can hire lawyers to meet at the detention center in time to safeguard the legitimate rights and interests of the parties.
Second, extend the conditions of criminal detention.
The detention was extended for one to four days. That is, under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submitting for examination and approval of arrest is extended from the original three days 1 to four days. In judicial practice, special circumstances generally mean that the behavior of a criminal suspect constitutes a major suspicion of a crime, but the facts of the crime have not yet been ascertained; The case is complicated, and the evidence collected is not enough to request approval for arrest; The appraisal conclusion as the main evidence for ascertaining the facts of the case has not been made, which affects the determination of the nature of the case.
The detention was extended for 30 days. That is, with the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who commit crimes on the run, commit crimes many times, and commit crimes in partnership. Among them, the crime of escape refers to committing crimes continuously across cities and counties, or fleeing to other cities and counties to continue committing crimes after committing crimes at the place of residence; Several crimes refer to more than three crimes; Gang crime refers to two or more people committing a crime together.
Third, what is the difference between criminal detention and summons?
Compulsory summons and summons are two different litigation behaviors. Compulsory summons is one of the legal criminal compulsory measures, which has certain compulsion. Summon is notification, not coercion, which is the fundamental difference between the two.
Summoning means that a criminal suspect who does not need to be arrested or detained can be summoned to the designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but he shall show the documents of the people's procuratorate or the public security organ. The maximum duration of summons and summons shall not exceed twelve hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. Compulsory summoning refers to a compulsory measure that public security organs, people's courts and people's procuratorates force criminal suspects and defendants who are not in custody to appear in court for interrogation. The public security organ may summon a criminal suspect who needs to be summoned or fails to appear in the case without justifiable reasons to the place designated by the city or county where he is located for interrogation. I hope the above contents are helpful.
Legal objectivity:
Criminal procedure law
Article 85
When a public security organ detains a person, it must produce a detention permit.
After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Criminal procedure law
Article 86
The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.