What is the procedure after being arrested by the public security bureau?
The arrest of criminal suspects and defendants shall be carried out by public security organs. After receiving the notice of execution, the public security organ must immediately execute the arrest and notify the people's procuratorate and the people's court of the execution. The procedure for the public security organ to execute the arrest is:
1. For a criminal suspect or defendant whose arrest is approved or decided by the people's procuratorate, the person in charge of the public security organ at or above the county level shall issue an arrest warrant and execute it immediately.
2, the implementation of the arrest of personnel shall not be less than 2 people. When an arrest is made, the arrested person must be shown an arrest warrant and ordered to sign (seal) the arrest warrant or press his fingerprint. If the arrested person refuses to sign or fingerprint the arrest warrant, it shall be noted on the arrest warrant.
3. After arresting a criminal suspect or defendant, the public security organ that applied for approval of the arrest, the people's procuratorate that approved the arrest or decided to arrest, and the people's court that made the arrest decision shall conduct an interrogation within 24 hours. If it is found that the arrest should not be made, the compulsory measures shall be changed or lifted immediately. If it is released immediately, a release certificate shall be issued. In addition to the circumstances that hinder the investigation or cannot be notified, the family members or the unit to which the arrested person belongs shall be informed of the reasons for the arrest and the place of detention within 24 hours. If it is inconvenient to notify, the reasons for not notifying shall be indicated in the case file.
4. If an arrest is made in a different place, the public security organ shall notify the public security organ where the arrested person is located. When the public security organ carries out an arrest in a different place, it shall carry the decision to approve the arrest and its copy, the arrest warrant, the criminal introduction letter of the arrested person and the main materials. The arrested public security organ shall assist in the execution.
5. If the public security organ releases the arrested person or changes the arrest to bail pending trial or residential surveillance, it shall notify the people's procuratorate.
What are the three conditions for arrest?
1, there is evidence that there is a criminal fact. This is the evidence condition, fact condition and precondition of arrest. According to the relevant judicial interpretation, this condition contains the following meanings: First, there is evidence to prove that a criminal fact has occurred. This requires that the fact that has happened must be the fact that constitutes a crime, not other facts, and the existence of criminal facts has been proved by some evidence; Second, there is evidence that the criminal facts are committed by criminal suspects; Third, the evidence to prove the criminal suspect's criminal behavior has been verified. If a criminal suspect has several criminal acts, as long as there is evidence to prove one of them, it meets the requirement of "there is evidence to prove the facts of the crime".
2, may be sentenced to more than fixed-term imprisonment. This is the sentencing condition, guilty condition or legal condition of arrest. As the most severe compulsory measure, arrest should be applied to criminals with serious nature. Therefore, according to the law, arrest can only be applied to those who may be sentenced to fixed-term imprisonment or above, but not to criminal suspects and defendants who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment.
3. It is not enough to take measures such as bail pending trial and residential surveillance to prevent social danger, but arrest is necessary. This is considered from the personal danger of criminal suspects and defendants. In other words, if only the above two conditions are met, you can't arrest, depending on whether it is necessary to arrest. This condition is generally reviewed from the following two aspects: first, whether the nature of the case is serious; Second, the criminal suspect and defendant's own situation and subjective malignancy. If the criminal suspect or defendant is released on bail pending trial and residential surveillance is enough to prevent social danger, he should not be arrested, but should take lighter compulsory measures.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 89 The people's procuratorate shall decide whether to examine and approve the arrest of a criminal suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 90 After examining the cases submitted by the public security organs for approval of arrest, the people's procuratorate shall decide whether to approve the arrest or not according to the circumstances. The public security organ shall immediately implement the decision to approve the arrest and notify the people's procuratorate of the implementation in time. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ.
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.