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Criminal Procedure Law of the People's Republic of China
Article 82 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Article 83 When a public security organ carries out detention or arrest in a different place, it shall notify the public security organ in the place where the detained or arrested person is located, and the public security organ in the place where the detained or arrested person is located shall cooperate.
Article 84 In any of the following circumstances, any citizen may immediately hand it over to a public security organ, a people's procuratorate or a people's court for handling:
(1) A crime is being committed or is discovered immediately after the crime;
(2) Being wanted;
(3) Escaping from prison;
(4) being pursued.
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.
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.
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 92 If the public security organ thinks that the people's procuratorate's decision not to approve the arrest is wrong, it may request reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may be submitted to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review and make a decision on whether to change it, and notify the people's procuratorate at a lower level and the public security organ to implement it.