When the case-handling personnel of the public security organ think it is necessary to detain the criminal suspect, they shall fill in the Report on Requesting Detention, indicate the information of the criminal suspect and the reasons for detention, report it to the person in charge of the public security organ for examination and approval, and issue a detention permit; When the procuratorial organ detains a criminal suspect, the case-handling personnel shall put forward their opinions, the department heads shall review them, the procurator-general shall make a decision, and then deliver them to the public security organ for execution.
When the public security organ carries out detention, it shall hold the detention certificate issued by the public security organ at or above the county level, show the detention certificate to the detainee and announce the detention. Ordering the detained person to sign or seal the detention certificate. If the detainee refuses to sign or seal, it shall be indicated.
When necessary, the detainee may use police equipment and weapons according to law. It is illegal not to show the detention permit, or to detain first and then reissue the detention permit.
Automatic "surrender" should be to surrender before the criminal is brought to justice. Such as surrendering before the facts of the crime have been discovered; Turn yourself in when you find the facts of the crime, but you don't find out the suspect; The facts of the crime and the criminal suspect have been discovered, but the criminal suspect has not been questioned by the masses, taken compulsory measures or handed over; Escaping after committing a crime and surrendering himself in the process of being wanted and pursued; If the investigation is true, the criminal is really ready to surrender, or if he is on the way to surrender and is captured by the judicial organs, he should also be considered as surrendering.
A person who escapes after taking compulsory measures and then "surrenders" cannot be considered as surrendering, but it can still be established for new crimes.
For example, if A is arrested after committing robbery and then surrenders himself after fleeing, only the automatic surrender of the crime of escape will be established, and the automatic surrender of robbery will not be established. For another example, if B was released on bail pending trial for theft, he committed robbery when he fled to other places, and then surrendered himself to the judicial organs and truthfully confessed the robbery facts, only automatic surrender for robbery was established, and automatic surrender for theft was not established.
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 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.