Types of compulsory measures: summons, bail pending trial, residential surveillance, detention and arrest.
2. Applicable object: Compulsory measures can only be applied to criminal suspects and defendants, including flagrante delicto and major suspects, but not to other participants in litigation.
Three. Conditions: In the stage of investigation and prosecution, the measures of compulsory appearance in court belong to the scope of functions and powers of public security and procuratorial organs in principle, and the public security and procuratorial organs have the right to decide their application independently, but interested parties can apply to the court for judicial review afterwards; In principle, the measures of compulsory bail pending trial belong to the jurisdiction of the court, and only the court can order the application in the form of procedural judgment. The measures of compulsory appearance in court include detention, summons, detention and arrest, and the measures of compulsory awaiting trial include detention, bail pending trial and residential surveillance. If the public security and procuratorial organs think that compulsory measures for obtaining bail pending trial should be applied to the criminal suspect who is detained, summoned, detained or arrested, they should submit a written application to the court before the expiration of the statutory time limit, and the court will make a ruling; However, when the investigation organ meets the statutory circumstances, it may also decide to apply bail pending trial ex officio or at the application of interested parties. In this way, on the one hand, it can ensure that public security and procuratorial organs have sufficient means to arrest criminal suspects, stop current crimes and facilitate them to collect criminal evidence in accordance with legal procedures; On the other hand, their "inherent power" is limited to the scope of "compulsory cases". Beyond this scope, in principle, it is necessary to obtain judicial authorization in advance and accept court review afterwards to provide necessary judicial relief for citizens whose personal freedom has been violated.
4. If the public security organ considers it necessary to arrest the detained person, it shall submit it to the procuratorial organ for approval within 3 days after detention; Under special circumstances, the time for submitting for approval of arrest may be extended 1 to 4 days; For major suspects who commit crimes on the run, commit crimes repeatedly or commit crimes in partnership, the time for applying for approval of arrest may be extended to 30 days; The time limit for the procuratorial organ to examine and approve the arrest is 7 days. In practice, public security organs everywhere generally extend the detention period of all criminal suspects to 30 days indiscriminately, which leads to the illegal violation of citizens' personal freedom. Weigh the actual needs of investigation and interrogation, investigation and evidence collection and the legitimate requirements of protecting the personal freedom of criminal suspects, distinguish between cases of arrest with a certificate and arrest without a license, clarify different examination and approval authority, and stipulate different time limits respectively: arrest with a certificate should be approved by the procuratorate and an arrest warrant should be issued; The public security organ may decide to arrest without a license on its own, but it shall report to the procuratorial organ for examination and confirmation within 48 hours and turn it into a subpoena, otherwise it shall release the arrested person; For those arrested with certificates, the public security organ shall, within 7 days after the examination and approval by the procuratorial organ at the same level, request the court at the same level to approve the detention. For major criminal suspects who commit crimes on the run, commit crimes repeatedly or commit crimes in partnership, with the written permission of the procuratorial organ at the same level, the time for applying for approval to be detained may be extended by 7 days; The court responsible for examining and approving custody shall make a decision on whether to approve custody within 7 days. In this way, the time limit for public security organs to arrest without a license shall not exceed 48 hours, and the time limit for arrest with a certificate shall generally not exceed 14 days, and the longest shall not exceed 2 1 day.
5. The time limit of investigation and detention mainly refers to the time limit of detention after the criminal suspect is arrested, from the date when the public security organ receives the decision of the people's procuratorate to approve the arrest, to the date when the case investigation is completed and transferred to the people's procuratorate for examination and prosecution.
(1) General detention period
Article 124 of the Criminal Procedure Law stipulates: "The period of investigation and detention of a criminal suspect after arrest shall not exceed two months."
(2) Special detention period
1. According to Article 124 of the Criminal Procedure Law, if the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended by 1 month with the approval of the people's procuratorate at the next higher level.
2. According to the provisions of Article 126 of the Criminal Procedure Law, if the investigation cannot be concluded after the expiration of the time limit stipulated in Article 124 of the Criminal Procedure Law, it may be extended for two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government: (1) Major and complicated cases in remote areas with very inconvenient traffic; (2) Major criminal group cases; (3) Major and complicated escape criminal cases; (4) Major and complicated cases involving a wide range and difficulties in obtaining evidence.
3. According to article 127 of the Criminal Procedure Law, the suspect may be sentenced to more than 10 years in prison. If the investigation cannot be concluded at the expiration of the extension period according to Article 126 of this Law, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government.
(3) Recalculate the detention period
1. In the course of investigation, if the criminal suspect is found to have committed other major criminal acts, the investigation detention period shall be recalculated according to the provisions of Article 124 of the Criminal Procedure Law from the date of discovery.
2. If the criminal suspect does not give his real name and address, and his identity is unknown, the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped.
3. The time for psychiatric appraisal of criminal suspects in custody is not included in the period of investigation and detention.