Compulsory summons refers to the compulsory method by which public security organs, people's procuratorates and people's courts force criminal suspects and defendants who are not detained to appear in court for trial according to law. The maximum time for summoning or detention shall not exceed 12 hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons.
The people's courts, people's procuratorates and public security organs that have been released on bail pending trial may release a criminal suspect or defendant on bail pending trial under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail pending trial, residential surveillance will not cause social danger.
When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
If the suspect is arrested, the lawyer hired can apply for bail pending trial.
The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Relevant Issues Concerning the Application of Criminal Compulsory Measures If a people's procuratorate decides to take bail measures against a criminal suspect, it shall make an announcement to the criminal suspect and submit it to the public security organ for execution. If the criminal suspect is guaranteed by a guarantor, the people's procuratorate shall send the legal documents and materials related to the cause of action, the basic information of the criminal suspect and the basic information of the guarantor to the public security organ at the same level where the criminal suspect lives; If the criminal suspect has a deposit guarantee, the people's procuratorate shall, after verifying that the deposit has been paid to the bank designated by the public security organ, send the relevant legal documents, the relevant cause of action, the basic information of the criminal suspect and the receipt issued by the bank to the public security organ at the same level where the criminal suspect lives.
After receiving the relevant legal documents and materials, the public security organ shall immediately hand them over to the public security organ at the county level where the criminal suspect lives for execution. The county-level public security organ in charge of execution shall verify the identities and related materials of the guarantor and guarantor within 24 hours, report to the person in charge of the county-level public security organ, and notify the police station where the suspect lives to execute.
The police station that executes bail pending trial shall designate a special person to supervise and inspect the persons who have been released on bail pending trial, and report the implementation of bail pending trial to the county-level public security organ, and notify the people's procuratorate that decided to release them on bail pending trial.
If the people's procuratorate decides to release the criminal suspect on bail pending trial, and the person released on bail needs to leave the city or county where he lives for justified reasons during the execution, the police station in charge of execution shall report to the county-level public security organ in time, and the county-level public security organ shall obtain the consent of the people's procuratorate that decided to release him on bail pending trial.
If the people's procuratorate decides to obtain a guarantor pending trial, and during the period of obtaining a guarantor pending trial, if the guarantor is unwilling to continue to guarantee or loses the guarantee conditions, the people's procuratorate shall, within three days after receiving the application from the guarantor, order the criminal suspect to re-submit the guarantor or pay the deposit, or change it to other compulsory measures, and notify the public security organ to implement it.
The public security organ shall notify the people's procuratorate that made the decision within three days if it receives the guarantor's application that he is unwilling to continue the guarantee or finds that he has lost the guarantee conditions during the execution.
If the people's procuratorate decides to release the criminal suspect on bail pending trial, and the person released on bail pending trial or the guarantor violates the provisions that should be observed, the public security organ at or above the county level shall decide to confiscate the deposit, impose a fine on the guarantor, and notify the people's procuratorate within three days after the execution. After receiving the notice, the people's procuratorate shall, within five days, according to the circumstances, order the criminal suspect to make a statement of repentance, re-pay the deposit, put forward a guarantor or monitor his residence and arrest him.
If the people's procuratorate decides to release the criminal suspect on bail pending trial, the public security organ responsible for execution shall notify the people's procuratorate that made the decision fifteen days before the expiration of the bail pending trial period. The people's procuratorate shall, before the expiration of the time limit for obtaining a guarantor pending trial, make a decision to lift the guarantor pending trial or change the compulsory measures, and notify the public security organ to implement it.
If the people's procuratorate decides to release a criminal suspect on bail pending trial, and the criminal suspect has not violated the provisions of Article 56 of the Criminal Procedure Law during the period of bail pending trial, and has not intentionally committed another crime, the people's procuratorate shall notify the public security organ to refund the deposit when he is released on bail pending trial.
In a case where the public security organ decides to release the criminal suspect on bail pending trial, if the criminal suspect violates the regulations he should abide by and the circumstances are serious, the public security organ shall apply for approval of arrest according to law. The people's procuratorate shall examine and approve the arrest in accordance with the provisions of Article 56 of the Criminal Procedure Law.
Residential surveillance refers to a compulsory method in which people's courts, people's procuratorates and public security organs order criminal suspects and defendants not to leave their residences or residences without authorization, and monitor and control their activities.
Monitoring living conditions:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
The people's courts, people's procuratorates and public security organs shall keep criminal suspects and defendants under residential surveillance for a maximum of six months.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Relevant Issues Concerning the Application of Criminal Compulsory Measures
If the people's procuratorate decides to take residential surveillance measures against the criminal suspect, it shall verify the residence of the criminal suspect. If a criminal suspect has no fixed domicile, the people's procuratorate shall designate a domicile for him.
After verifying the criminal suspect's residence or designating his residence, the people's procuratorate shall make a notice on the execution of residential surveillance, and send the legal documents and materials related to the cause of action and the basic situation of the criminal suspect to the public security organ at the same level of the criminal suspect's residence or residence for execution. The people's procuratorate may assist the public security organ in carrying out the execution.
After receiving the relevant legal documents and materials, the public security organ shall immediately hand them over to the public security organ at the county level where the criminal suspect lives or has his domicile for execution. The county-level public security organ in charge of execution shall verify the identity and residence or domicile of the monitored resident within 24 hours, report to the person in charge of the county-level public security organ, and notify the police station of the residence or domicile of the monitored resident to execute.
The police station in charge of residential surveillance shall designate a special person to supervise and inspect the person under residential surveillance, and report the implementation of residential surveillance to the public security organ at the county level in time, and notify the people's procuratorate that decided to monitor residential surveillance.
If the people's procuratorate decides to monitor the residence of a criminal suspect, and the criminal suspect needs to leave his residence or designate his residence for justified reasons during the execution, the police station responsible for the execution shall report to the county-level public security organ in time, and the county-level public security organ shall obtain the consent of the people's procuratorate that decided to monitor the residence and then approve it.
In a case where the people's procuratorate decides to monitor residence, if the criminal suspect violates the regulations that should be observed, the police station that performs residential surveillance shall promptly report to the county-level public security organ and notify the people's procuratorate that decided to monitor residence. If the circumstances are serious, the people's procuratorate shall decide to arrest and notify the public security organ for execution.
If a people's procuratorate decides to place a criminal suspect under residential surveillance, it shall notify the people's procuratorate that decided to place him under residential surveillance fifteen days before the expiration of the residential surveillance period. The people's procuratorate shall, before the expiration of the period of residential surveillance, make a decision to lift residential surveillance or change compulsory measures, and notify the public security organ to implement it.
The people's procuratorate shall examine and approve the arrest of a criminal suspect whose residence is under surveillance by the public security organ in accordance with the provisions of Article 57 of the Criminal Procedure Law.
Custody refers to the compulsory measures taken by public security organs and people's procuratorates to temporarily deprive some active criminals or major suspects of personal freedom in case of emergency during the investigation.
The public security organ may detain an active criminal 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.
When a public security organ detains a person, it must produce a detention permit.
After detention, the family members of the detainee or their units shall be informed of the reasons and places of detention within 24 hours, except in cases where the investigation is hindered or notification cannot be made.
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days.
A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Relevant Issues Concerning the Application of Criminal Compulsory Measures
If the people's procuratorate directly files a case for investigation and needs to detain a criminal suspect, it shall make a detention decision according to law and send the legal documents and materials related to the cause of action and the basic situation of the criminal suspect to the public security organ at the same level for execution.
After verifying the relevant legal documents and materials, the public security organ shall report to the person in charge of the public security organ at or above the county level to issue a detention permit, and immediately send personnel to execute it. The people's procuratorate may assist the public security organ in carrying out the execution.
For a criminal suspect who meets the requirements of Item (4) and Item (5) of Article 61 of the Criminal Procedure Law, if it is too late to go through the detention formalities due to emergency, the people's procuratorate may take the criminal suspect to the public security organ in advance and immediately go through the detention formalities.
After detaining a criminal suspect, the public security organ shall immediately serve an execution receipt to the people's procuratorate that made the detention decision. The people's procuratorate shall interrogate the criminal suspect within 24 hours after detention. The people's procuratorate shall notify the family members of the detained person or the unit to which they belong within 24 hours, except in cases where the investigation is hindered or the notice cannot be given.
If the public security organ does not arrest the criminal suspect, it shall notify the people's procuratorate that made the detention decision of the implementation and the reasons for not arresting the criminal suspect within 24 hours. Before the people's procuratorate revokes the detention decision of the fugitive criminal suspect, the public security organ shall organize its forces to continue the execution, and the people's procuratorate shall provide the public security organ with new information and clues in time.
If the people's procuratorate decides not to arrest the criminal suspect who has decided to detain, it shall notify the public security organ to release the criminal suspect, and the public security organ shall release the criminal suspect immediately after receiving the notice; If arrest is necessary and the evidence is insufficient, the people's procuratorate may change it to bail pending trial or residential surveillance, and notify the public security organ to execute it.
If the public security organ considers it necessary to arrest a criminal suspect who decides to detain him, it shall report to the people's procuratorate at the same level for examination and approval within the statutory time limit. If the criminal suspect does not give his real name and address, and his identity is unknown, the detention period shall be counted from the day when his true identity is ascertained. If there is evidence to prove that there is a criminal fact, it can also be submitted to the people's procuratorate for approval of arrest according to the name of the criminal suspect.
If it is necessary to confirm the identity of a foreign criminal suspect, it shall be ascertained in accordance with the provisions of the relevant judicial assistance treaties and international conventions signed between China and the country of nationality of the criminal suspect, or through diplomatic channels and Interpol channels. If it is really impossible to find out or the country concerned refuses to assist, as long as there is evidence to prove the fact of the crime, it can apply to the people's procuratorate for approval of arrest according to the name of the suspect. After investigation, if the facts of the crime are clear and the evidence is true and sufficient, they may also be transferred to the people's procuratorate for examination and prosecution according to their self-reported names.
The arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's court and executed by the public security organ.
For criminal suspects and defendants who have evidence to prove that there are criminal facts and may be sentenced to fixed-term imprisonment or more, it is not enough to take measures such as obtaining a guarantor pending trial and monitoring residence to prevent social danger. If it is necessary to arrest, it should be arrested immediately according to law.
If the criminal suspect or defendant who should be arrested suffers from serious illness, or a pregnant woman who is breastfeeding her baby, she may be released on bail pending trial or under residential surveillance.
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.
When the public security organ thinks that the people's procuratorate's decision not to approve the arrest is wrong, it may request reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may be submitted to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review and make a decision on whether to change it, and notify the people's procuratorate at a lower level and the public security organ to implement it. Provided by China Criminal Defense Network.
When the public security organ requests the arrest of a criminal suspect, it shall write a letter of approval of the arrest, together with the case file and evidence, and transfer it to the people's procuratorate at the same level for examination and approval. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
Whether to examine and approve the arrest of a criminal suspect shall be decided by the people's procuratorate. Major cases shall be submitted to the procuratorial committee for discussion and decision.
After examining the cases submitted by the public security organs for approval of arrest, the people's procuratorate shall decide whether to approve or disapprove the arrest 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.
When arresting a person, the public security organ must produce an arrest warrant.
After the arrest, the family members of the arrested person or his unit shall be informed of the reasons for the arrest and the place of detention within 24 hours, except in cases where the investigation is hindered or the notice cannot be given.
The people's courts and people's procuratorates must interrogate the person they decide to arrest, and the public security organ must interrogate the person arrested with the approval of the people's procuratorate within 24 hours after the arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued.
If the people's courts, people's procuratorates and public security organs find that the compulsory measures taken against criminal suspects and defendants are improper, they shall promptly revoke or change them. If the public security organ releases the arrested person or changes the arrest measures, it shall notify the people's procuratorate that originally approved it.
If a case of detaining a criminal suspect or defendant cannot be settled within the time limit of investigation, detention, prosecution, first instance and second instance stipulated in this Law, and it is necessary to continue verification and trial, he may be released on bail pending trial or under residential surveillance.
If the people's court, the people's procuratorate or the public security organ take compulsory measures beyond the statutory time limit, the criminal suspect, the defendant and his legal representative, close relatives or lawyers entrusted by the criminal suspect or defendant have the right to demand the cancellation of compulsory measures. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures have exceeded the statutory time limit, obtain bail pending trial, monitor his residence or change the compulsory measures according to law.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Relevant Issues Concerning the Application of Criminal Compulsory Measures to Cases Submitted by Public Security Organs for Approval of Arrest; The People's Procuratorate shall examine the criminal facts and evidence suspected by the criminal suspect. Except under the circumstances stipulated in Articles 56 and 57 of the Criminal Procedure Law, the people's procuratorate shall examine and approve the arrest in accordance with the arrest conditions stipulated in Article 60 of the Criminal Procedure Law.
If the people's procuratorate decides not to approve the arrest of the criminal suspect submitted by the public security organ, it shall explain the reasons; If the arrest is not approved and the public security organ is notified of the supplementary investigation, the outline of the supplementary investigation shall be listed at the same time.
The public security organ shall immediately release the criminal suspect after receiving the decision of the people's procuratorate not to approve the arrest; If it is considered necessary to arrest and make supplementary investigation, and requests reconsideration or review, it may be changed to bail pending trial or residential surveillance.
If the public security organ thinks that the people's procuratorate's decision not to approve the arrest is wrong, it shall submit it to the people's procuratorate at the same level for reconsideration within five days after receiving the decision not to approve the arrest. The people's procuratorate shall make a reconsideration decision within seven days after receiving the written opinion of the public security organ requesting reconsideration.
If the public security organ refuses to accept the reconsideration decision, it shall submit a review to the people's procuratorate at the next higher level within five days from the date of receiving the reconsideration decision of the people's procuratorate. The people's procuratorate at the next higher level shall make a review decision within 15 days after receiving the review opinions submitted by the public security organs.
After the people's procuratorate directly files a case for investigation according to law and decides to arrest the criminal suspect, it shall send the relevant legal documents, relevant causes of action and the basic information of the criminal suspect to the public security organ at the same level for execution.
After verifying the relevant legal documents and materials sent by the people's procuratorate, the public security organ shall report to the person in charge of the public security organ at or above the county level to issue an arrest warrant and immediately send personnel to execute it. The people's procuratorate may assist the public security organ in carrying out the execution.
When the people's procuratorate directly files a case for investigation, the public security organ shall immediately deliver the execution receipt to the people's procuratorate that decided to arrest the criminal suspect. The people's procuratorate shall interrogate the criminal suspect within 24 hours after arrest. The people's procuratorate shall also notify the family members of the arrested person or his unit within 24 hours of the reasons for the arrest and the place of detention, except in cases where the investigation is hindered or the notice cannot be given.
If the public security organ does not arrest the suspect, it shall notify the people's procuratorate that decided to arrest the suspect of the implementation and the reasons for not arresting the suspect within 24 hours. If the criminal suspect is at large, before the people's procuratorate cancels the arrest decision, the public security organ shall organize its forces to continue the execution and inform the people's procuratorate that decided to arrest the criminal suspect, and the people's procuratorate shall provide new information and clues in time.
If the people's procuratorate directly files a case for investigation and finds that the arrested criminal suspect should not be arrested, it shall, with the approval of the chief procurator or the discussion and decision of the procuratorial Committee, revoke the arrest decision or change it to bail pending trial or residential surveillance, and notify the public security organ to implement it. If the people's procuratorate changes the arrest to bail pending trial or residential surveillance, these Provisions shall apply to the execution procedures.
If a detained or arrested criminal suspect or his legal representative, close relatives or lawyer applies to the public security organ in charge of execution for bail pending trial, the public security organ shall inform him to apply directly to the people's procuratorate that made the decision.
If the legal representative, close relatives or lawyers of a detained or arrested criminal suspect apply to the people's procuratorate for bail pending trial, the people's procuratorate shall make a reply on whether or not to agree within seven days from the date of receiving the application. Those who agree to obtain a bail pending trial shall make a decision to change the compulsory measures, go through the formalities of obtaining a bail pending trial, and notify the public security organ to implement it.
The public security organ shall notify the people's procuratorate that decided to arrest the criminal suspect ten days before the expiration of the period of investigation and detention.
If it is necessary to extend the period of investigation detention, the people's procuratorate shall serve the decision on extending the period of investigation detention on the public security organ before the expiration of the period of investigation detention; If the criminal suspect has other important crimes and needs to recalculate the period of investigation and detention, the people's procuratorate shall serve the decision to recalculate the period of investigation and detention on the public security organ before the expiration of the period of investigation and detention.
The people's procuratorate shall, before the expiration of the period of investigation and detention, make a decision to lift or change the compulsory measures, and notify the public security organs to implement them. The public security organ shall promptly notify the people's procuratorate of the implementation.
In a case put on file for investigation by the public security organ, the arrested criminal suspect is changed to bail pending trial or residential surveillance, and if it is found necessary to arrest, the public security organ shall reapply for approval of the arrest.
If a case directly placed on file for investigation by a people's procuratorate falls under the circumstances specified in the preceding paragraph, it shall be re-examined and decided to arrest.