Article 38? Punishment on the spot shall be implemented in accordance with the following procedures:
(a) to show the identity of law enforcement to the violator;
(2) Collecting evidence;
(three) orally inform the offender of the facts, reasons and basis for making the decision on administrative punishment, and inform the offender of the right to state and defend;
(four) fully listen to the statements and arguments of the offenders. If the facts, reasons or evidence put forward by the violator are established, they shall be adopted;
(five) fill in the punishment decision on the spot and deliver it to the punished person on the spot;
(6) If a fine is collected on the spot, a fine receipt shall be filled in and delivered to the person to be punished; If the fine is not collected on the spot, the person to be punished shall be informed to pay the fine at the designated bank within the prescribed time limit.
Article 40? For administrative cases where summary procedures are not applicable, but the facts are clear, the criminal suspects voluntarily admit their mistakes and penalties, and there is no objection to the illegal facts and the application of the law, the public security organs can handle them quickly by simplifying the way of obtaining evidence and the examination and approval procedures.
Extended data
"The public security organs to handle administrative cases procedures" provisions:
Article 123? Before making the following decision on administrative punishment, the illegal suspect shall be informed of the right to request a hearing:
(a) ordered to suspend production or business;
(2) Revoking the license or license;
(three) a large amount of fines;
(4) Other circumstances in which the suspect may request a hearing as stipulated by laws, regulations and rules.
The term "large fine" as mentioned in Item (3) of the preceding paragraph refers to a fine of more than 2,000 yuan for individuals, 1 10,000 yuan for units, and more than 6,000 yuan for individuals who violate the laws, regulations and rules on entry and exit management. If a fine is imposed according to local regulations or local government rules, the amount of fine applicable to the hearing shall be implemented according to local regulations.
Article 124? The hearing shall be organized and implemented by the legal department of the public security organ.
If the business department of the public security organ and the entry-exit frontier inspection station with the qualification of independent law enforcement subject make a decision on administrative punishment according to law, the investigators unrelated to the case shall organize a hearing.
Shaoyang Municipal People's Government-Decision of the Ministry of Public Security on Amending the Procedures of Public Security Organs for Handling Administrative Cases