Compulsory summons refers to a coercive measure by which the public security organs, people's procuratorates, and people's courts force undetained criminal suspects and defendants to appear in court for interrogation in accordance with the law. Compulsory summons is one of the lightest coercive measures in China's criminal procedure system. The public security organs, people's procuratorates and people's courts have the right to decide its application during the course of criminal proceedings.
Difference: Summons apply not only to criminal proceedings, but also to administrative proceedings and civil proceedings, while mandatory summons is one of the criminal coercive measures and only applies to criminal proceedings. Therefore, if one wants to compare subpoenas and subpoenas, the distinction can only be made in the field of criminal proceedings.
First, the applicable objects are different. Mandatory summons only applies to criminal defendants (including criminal suspects and defendants), while summons also applies to witnesses, victims and other litigation participants.
Second, the criminal laws are different. A mandatory summons is a coercive measure and is mandatory, but a summons is not. For example, if a witness in an intentional homicide case is summoned to testify and the witness does not record his or her testimony, the police cannot arrest him directly; if the police identify someone as a criminal suspect and summon him for questioning, then the person must go to the public security bureau for questioning, otherwise the police can take him away by force. . To put it bluntly, a subpoena is just a notice and has no coercive force.
Third, the applicable legal basis is different. Compulsory summons must be based on the Criminal Procedure Law and shall be carried out when necessary in criminal proceedings. The summons may be based on the Civil Procedure Law, the Public Security Administration Punishment Law, the Criminal Procedure Law and other laws.
Compulsory summons and summons are two different procedures. A mandatory subpoena is mandatory, and a subpoena is a verbal or written notification to the other party to participate in litigation activities. Of course, they had no legitimate reason to participate. If you have any questions, the editor recommends logging into the Fatu website for consultation or entrusting a professional lawyer. Rich practical experience can give better help.
Legal basis: Article 117 of the "Criminal Procedure Law of the People's Republic of China" criminal suspects who do not need to be arrested or detained may be summoned to a designated place or residence or unit for interrogation, but The certificate of the People's Procuratorate or the public security organ must be presented. "The purpose of the summons is to ensure that the criminal proceedings proceed in a planned manner and the case is handled in a timely manner. The summons must be carried out using a statutory litigation document - a summons. The summons should be served to the person being summoned in advance. The person being summoned should arrive on time as required by the summons. Those who refuse to file a case without justifiable reasons shall bear the responsibilities prescribed by law. If they refuse to file a case after being summoned in accordance with the law, the judicial organs may take coercive measures of summons according to the needs of investigation or judicial activities to force the suspect to appear in the case. If it is necessary to detain or arrest a criminal suspect, the compulsory measures can also be changed. The arrest or detention can be carried out after the arrest. At the same time, the refusal to accept the summons can also be regarded as a manifestation of the criminal suspect's guilty attitude that constitutes a crime and requires criminal liability, and should be included in sentencing. be considered.