What should I do if my family or friends and I are suddenly taken away by public security personnel?
Many people's first reaction is panic, helplessness and confusion. Let the swordsman tell you some legal knowledge today and teach you to handle the above situation calmly.
First of all, you should ask the public security organ about your purpose.
If you need to take it to the public security organ, is there a legal written notification document? (Written documents have a five-star important index! What is the nature? Is it a subpoena or a detention question?
In fact, they are very similar in behavior, and neither of them can take the perpetrator away from his city or county. But the nature is different. Compulsory summons is the behavior of public security organs to exercise their criminal procedural powers in criminal proceedings, which generally does not exceed 12 hours; Forcible summons is an act of public security organs to exercise their functions and powers according to law in order to maintain social order, which generally does not exceed 24 hours. Under special circumstances, with the approval of the public security organ at or above the county level, it may be extended to 48 hours, and the interrogation record shall be kept.
Two, if taken away for more than the prescribed time, should immediately ask the public security organs of the detainees is criminal detention or public security detention?
If it's public security detention, then you can feel at ease. Fortunately, public security detention generally does not exceed 15 days, and the object of application is generally illegal acts that violate social security. In this case, it is generally not necessary to spend a lot of money to hire a lawyer.
If it is a criminal detention, there may be suspected crimes.
Third, once you are criminally detained, you must try to get a notice of detention as soon as possible, because the alleged charges and the address of detention will generally be stated.
Four, understand the reasons and places of detention of criminals, and apply to the detention authority for bail pending trial in a timely manner.
Objectively speaking, after a criminal suspect is detained, the most important thing to consider, and it is also the most worthwhile to spend time and energy, is to get a bail pending trial. The prime time to apply for bail pending trial is within 37 days after being detained.
Verb (abbreviation of verb) on the question of hiring a lawyer
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 117 If a party, his defender, agent ad litem or interested party commits any of the following acts against the judicial organ and its staff, he has the right to lodge a complaint or accusation with the judicial organ:
(a) the compulsory measures are not lifted, lifted or changed at the expiration of the statutory time limit;
(2) The bail bond that should be returned has not been returned;
(3) Take measures of sealing up, distraining and freezing the property irrelevant to the case;
(four) the seizure, seizure and freezing should be lifted;
(5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations.
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