People's Republic of China (PRC) Public Security Administration Punishment Law
Article 83 After being summoned, the public security organ shall promptly inquire and verify the person who violates the administration of public security, and the time for inquiry and verification shall not exceed eight hours. If the situation is complicated and the punishment of administrative detention can be applied according to the provisions of this law, the time for questioning and verification shall not exceed 24 hours. The public security organ shall promptly notify the family members of the summoned person of the reason and place of the summons.
Extended data
The verification time shall not exceed 24 hours;
At 20 o'clock on the evening of September 7th, 2065438+08, the Changhe Police Station of Binjiang Branch received an alarm from the masses that there was a fight in the golden block of Shang Jun, Changhe Street, and the police quickly rushed to the scene. It is understood that Yi (female, resident of Jinzuo, Shang Jun), Shi Mouhua (female, mother of Yi) and (female, pregnant woman) had an argument over walking the dog, and then there was a physical conflict. Both sides have no obvious injuries, and Yang is unwell because of emotional excitement.
That night, the public security organ summoned him to the police station for investigation according to law. Shi Mouhua was summoned for investigation on suspicion of obstructing the execution of his duties, and Yang was sent to the hospital for treatment on 120.
According to the evidence held by the public security organs, Shi Mouhua's illegal facts of obstructing the people's police from performing their duties have been ascertained and he has been administratively detained according to law. Chen Mou's illegal acts of intentionally injuring others' bodies have also been basically identified, but the harmful consequences still need hospital diagnosis and forensic identification before the corresponding punishment can be made.
The extent of administrative punishment imposed by public security organs should take into account the whole case, and be commensurate with the nature, circumstances and social harm of the illegal act. At present, Yang is still in the hospital for observation and treatment, and the consequences of the injury are still unclear. The police will make a decision on Iraq in a timely manner according to law after identifying the injury.
What Yang showed in Weibo was the Application Form for Perinatal Care, not the diagnosis certificate issued by a qualified doctor in the hospital. This evidence can be used as identification material, but it cannot be used as a basis for determining the degree of damage.
Now, Yang has applied for injury identification. According to the "Procedures for Public Security Organs to Handle Administrative Cases", public security organs should entrust an appraisal institution to appraise their injuries.
According to the evidence obtained from the investigation, the case does not meet the criminal filing standards for the time being. The public security organs need to judge the nature of the case according to the injury appraisal opinions. If the appraisal result is more than minor injuries and has a causal relationship with Chen Mou's behavior, he shall be investigated for criminal responsibility if he is suspected of a criminal offence; Otherwise, it shall be dealt with administratively according to law.
The public security organ did not punish Yi, and the police station summoned him for interrogation, and the longest time for verification shall not exceed 24 hours.
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