Criminal summoning is stipulated in Article 1 19 of the Criminal Procedure Law, and the maximum duration of summoning shall not exceed 12 hours. If the case is special, especially serious and complicated, and measures such as detention and arrest need to be taken, the duration of the summons shall not exceed 24 hours. In particular, criminal suspects cannot be detained in disguised form through continuous summons.
{Title of article}
1. How is the time for summoning stipulated?
Article 119 of the Criminal Procedure Law stipulates that a criminal suspect who does not need to be arrested or detained may be summoned to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation, but the documents of the people's procuratorate or the public security organ shall be produced. A criminal suspect found on the spot may be summoned orally upon showing his work permit, but it shall be noted in the interrogation record that the time for summoning and detention shall not exceed 12 hours; If the case is particularly serious and complicated and requires detention or arrest measures, the period of summons and detention shall not exceed 24 hours, and the criminal suspect shall not be detained in disguised form by continuous summons and detention. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
Second, under what circumstances can't direct summons?
In criminal proceedings, criminal suspects and defendants may be summoned by force without being summoned.
1. Article 1 19 of the Criminal Procedure Law: "A criminal suspect who does not need to be arrested or detained may be summoned to the designated place in the city or county where the criminal suspect is located (not outside the city or county) or to his residence for interrogation, but the documents of the people's procuratorate or the public security organ shall be produced. The maximum duration of summons and summons shall not exceed twelve hours. It is not allowed to detain criminal suspects in disguise by means of continuous summons or compulsory summons. "
2. Summons must be approved by the person in charge of the public security organ at or above the county (district), the chief procurator of the people's procuratorate and the president of the people's court, and there shall be no less than 2 public security and judicial personnel who issue summonses (called summonses by the court).
3. When summoning the heir in custody, he shall show him the "Summoning Certificate" and order him to sign (seal) the summoning certificate and press his handprint. There shall be no less than 2 public security and judicial personnel to execute the summons. For those who resist summoning, you can use restraint to force them to appear in court.
4. After the criminal suspect arrives at the case, he shall be ordered to fill in the time of arrival on the Arrest Warrant. Then it shall be interrogated immediately, and after the interrogation, the time for the end of interrogation shall be filled in the Arrest Warrant. If the criminal suspect refuses to fill in the form, the investigator shall indicate it on the Arrest Certificate.
The purpose of summoning a suspect is actually to investigate the case, but the summoning must be carried out in strict accordance with the regulations. Under normal circumstances, it is necessary to show proof of work, and under special circumstances, oral summons is also allowed. In addition, the duration of summons shall not exceed 12 hour at most in general and 24 hours at most in special circumstances.
Lawyer Hu Furong
Good at: traffic accidents, criminal defense, creditor's rights and debts.
Sponsor lawyer
Shanxi Zhuoyang ... Office
Online consultation
Lawyer Lu Zeyu
Good at: creditor's rights and debts, criminal defense, marriage and family.
Sponsor lawyer
Shanxi Sheng Hui ... Office
Online consultation
Lawyer Liu Jianchang
Good at: criminal defense, traffic accidents, company management.
5.0
Services:
244 people
Exercise:
7 years
Online consultation
Chai Chang lawyer
Good at: marriage and family, criminal defense, traffic accidents.
5.0
Sponsor lawyer
Beijing Strategy ... Office
Online consultation
Lawyer Hu Furong
Good at: traffic accidents, criminal defense, creditor's rights and debts.
Sponsor lawyer
Shanxi Zhuoyang ... Office
Online consultation
10w+ browse
[Lawyer's reply] Regarding whether the summons includes oral summons and compulsory summons, if it is a summary procedure, the court can use oral summons. If it is an ordinary procedure, the court will use a subpoena. If the parties who must appear in court cannot be summoned according to law, they can be forced to appear in court by summons. (Generally, people who want to appear in court include the parties who ask for alimony, alimony and child care, and the parties who can't find out the facts without appearing in court. If the plaintiff does not appear in court, the lawsuit can be dismissed, and the defendant can also make a judgment by default.
Quickly solve the problem of "criminal defense"
[Lawyer's reply] If it is necessary to summon an illegal suspect for investigation, with the approval of the person in charge of the case-handling department of the public security police station or the public security organ at or above the county level, use a summons card to summon him. After showing their work certificates, the people's police can verbally summon the illegal suspects found on the spot, and indicate the process, time and departure time of the illegal suspects in the interrogation record. The public security organ shall inform the summoned person of the reasons and basis for summoning. For those who refuse to accept or evade the summons without justifiable reasons, and other offenders who can be summoned according to law, they can be summoned by force. When forced to summon, you can use binding police equipment such as handcuffs and police ropes according to law.
[Lawyer's reply] Article 82 Applicable conditions of summons, oral summons and compulsory summons and if the approving organ of summons needs to summon the violator of public security administration for investigation, it shall use a summons card for summons with the approval of the person in charge of the case handling department of the public security organ. The people's police may summon an offender found on the spot who violates the administration of public security orally after producing his work certificate, but it shall be indicated in the inquiry record. The public security organ shall inform the summoned person of the reasons and basis for summoning. A person who refuses to accept a summons or evades it without justifiable reasons may be summoned by force. Article 34 of the Regulations on Administrative Penalties for Public Security stipulates the application of summons, oral summons and compulsory summons. On the basis of absorbing the relevant provisions of this Ordinance, this article further makes clear and specific provisions on the applicable conditions, approval authority and notification obligation of public security organs' summons, oral summons and compulsory summons. Public security management summons is an investigation method that the public security organ informs the violator of public security management to go to the public security organ or other designated places for investigation in the process of handling public security cases, and it is often used in law enforcement practice. The purpose of summoning is to ask people who violate the administration of public security, find out the case and obtain evidence. According to the provisions of this article, summoning only applies to those who violate the administration of public security, and summoning does not apply to the infringed and other witnesses. Summons can be divided into three types: summons card summons, oral summons and compulsory summons. Summon card summoning is a common summoning method of public security organs, that is, the executors deliver the summoning card issued by public security organs to the summoned person. According to the provisions of the first paragraph of this article, if it is necessary to summon a person who violates the administration of public security for investigation, with the approval of the person in charge of the case-handling department of the public security organ, he shall be summoned with a "summons card". According to the provisions of this article, not all people who violate the administration of public security should be summoned, only those who need to be summoned. Necessity means that the public security organ decides whether it is necessary to use a summons card to summon the violator of public security management according to the case and investigation needs. If it is not necessary to be summoned, the public security organ may inquire at its residence or unit. The person in charge of the case-handling department of the public security organ here refers to the person in charge of the public security police station and the business department of the public security organ at or above the county level, that is, the usual "branch, institute and group leader". For example, the person in charge of the police station includes the director, deputy director, political commissar and deputy political commissar of the police station.
Lawyer Joah Wang.
Good at: criminal defense, labor disputes, traffic accidents.
Sponsor lawyer
Shanxi Changyuan ... Office
Online consultation
[Lawyer's reply] The answer to this question is as follows: The difference between oral summons and written summons.
The main difference between the two is whether a subpoena is needed. Oral summons found on the spot, the situation is urgent, just show your work permit; Moreover, written summons must have a summons certificate.
Criminal Procedure Law of the People's Republic of China
Article 119 A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
Why not just ask >
Get professional answers, 125579 people are consulting.
10w+ browse
[Lawyer's reply] If it is necessary to summon an illegal suspect for investigation, with the approval of the head of the police station at or above the county level or the case handling department of the public security organ, a summons card (summons) shall be used for summons. After showing their work certificates, the people's police can verbally summon the illegal suspects found on the spot, and indicate the process, time and departure time of the illegal suspects in the interrogation record. The public security organ shall inform the summoned person of the reasons and basis for summoning.
Quickly solve the problem of "criminal defense"
[Lawyer's reply] 1. With the approval of the person in charge of the police station or the case-handling department of the public security organ at or above the county level, use a summons card (summons) to summon. 2. The people's police can verbally summon the illegal suspects found on the spot to produce their work certificates, and indicate the process, time and departure time of the illegal suspects in the inquiry record. 3. The public security organ shall inform the summoned person of the reasons and basis for summoning. If a person refuses to accept a summons or evades a summons without justifiable reasons, he may be summoned by force. When forced to call. 4. The public security organ shall promptly notify the family members of the summoned person of the reason and place of the summons. 5. If a summons card is used, the summoned person shall fill in the arrival time and the end time of inquiry and verification on the summons card, and sign it. Refusing to fill in or sign, the people's police handling the case shall indicate it on the summons card. 6. The law prohibits the detention of illegal suspects in disguised form by continuous summons.
[Lawyer's reply] It is not stipulated that the police station, that is, the public security organ, must summon the suspect several times before taking compulsory summons (that is, the suspect can be summoned directly in the form of compulsory summons). In this case, it is not clear what rights and nature the so-called bully violated the victim. In other words, whether it meets the investigation criteria and whether the public security organ files a case is the premise of whether compulsory summons should be taken.
[Lawyer's reply] You can't use binding documents when summoning, and you can't take compulsory measures if you are not an illegal actor or criminal suspect. At the same time, you must show your summons card for you to read and sign. There should be a basis for criminal proceedings. Now these documents are all standard and printed by computer, so there must be reasons and basis on the summons card. There is no doubt about it. If there is a problem, you should put on handcuffs. Do not use binding instruments when summoning. If you are not a criminal or a criminal suspect, you cannot take coercive measures such as summoning. You can apply for administrative reconsideration or bring an administrative lawsuit directly.
The problem is urgent? Online consulting lawyer >
3 100 lawyers solve problems online efficiently.
10w+ browse
[Lawyer's reply] Those who violate the administration of public security, refuse to accept or evade summoning without justifiable reasons, and other offenders who can be summoned according to law may be summoned by force. The time for inquiry and verification shall not exceed eight hours; If the case is complicated and the illegal act may be punished by administrative detention according to law, the time for inquiry and verification shall not exceed twenty-four hours.
Quickly solve the problem of "criminal defense"
[Lawyer's reply] 1. The people's police can summon people who violate the administration of public security on the spot. If they refuse to accept oral summons, they can be summoned by force. 2. Oral summons on the spot has the same legal effect as summons certificate. For those who refuse to accept or evade summoning without justifiable reasons, compulsory summoning can be directly implemented. Article 82 of the Law on Public Security Administration Punishment requires that those who violate public security administration be summoned for investigation, and with the approval of the person in charge of the case-handling department of the public security organ, a summons card shall be used for summoning. The people's police may summon an offender found on the spot who violates the administration of public security orally after producing his work certificate, but it shall be indicated in the inquiry record. The public security organ shall inform the summoned person of the reasons and basis for summoning. A person who refuses to accept a summons or evades it without justifiable reasons may be summoned by force.
[Lawyer's reply] Hello, violating the Public Security Administration Punishment Law does not constitute a crime. If the circumstances are serious, you can be fined and detained, but you can't be summoned indefinitely without evidence.
[Lawyer's reply] Oral summons and summons card summons According to the provisions of Article 117 of China's Criminal Procedure Law, "a criminal suspect who does not need to be arrested or detained may be summoned to a designated place or residence or unit for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced." The purpose of summoning is to ensure that criminal proceedings are carried out in a planned way and cases are handled in a timely manner, and legal litigation documents-summoning cards must be used for summoning.
Problem unsolved? Ask questions now >
Has helped 300 million+users solve legal problems.
10w+ browse
[Lawyer's reply] The answer to this question is as follows. What will happen after the procuratorate summons?
The summons of the procuratorate is generally to ask for some information related to the case, which generally will not have any great influence.
Summoning procedure
(a) in the process of fire law enforcement, it is necessary to summon, and the law enforcement officers shall fill in the "Summoning Certificate" and report it to the leaders for approval before issuing the "Summoning Certificate".
(two) law enforcement officers will serve the "summons card" to the summoned person according to law; The person summoned shall sign or seal the receipt of the "summons card" and indicate the date of receipt.
(3) If the summoned person refuses to accept the summons or evades the summons without justifiable reasons, he shall be forced to summon according to law with the approval of the leader.
(4) After the summoned person arrives at the case, he shall conduct interrogation and verification in a timely manner, and make an interrogation record, and the time for each interrogation shall not exceed 24 hours.
(five) for violations of fire laws and regulations found on the spot, the undertaker may verbally summon the relevant personnel. When announcing the oral summons, the undertaker shall explain the reasons for the summons and record the oral summons in the interrogation record.
Notice of summons
If it is necessary to summon an illegal suspect for investigation, with the approval of the person in charge of the case handling department of the public security police station or the public security organ at or above the county level, a summons card (summons) shall be used for summons.
After showing their work certificates, the people's police can verbally summon the illegal suspects found on the spot, and indicate the process, time and departure time of the illegal suspects in the interrogation record.
The public security organ shall inform the summoned person of the reasons and basis for summoning.
For those who refuse to accept or evade the summons without justifiable reasons, and other offenders who can be summoned according to law, they can be summoned by force. When forced to summon, you can use binding police equipment such as handcuffs and police ropes according to law.
The public security organ shall promptly notify the family members of the summoned person by telephone, text message or fax.
When the public security organ summons an illegal suspect, if his family members are present, he shall verbally inform his family members of the reason and place for summoning on the spot, and indicate it in the inquiry record.
If the summoned person refuses to provide the contact information of his family or there are other circumstances that cannot be notified, he may not notify, but it shall be indicated in the inquiry record.
If a summons card is used for summoning, the illegal suspect shall fill in the time of arrival and the time of ending the inquiry and verification on the summons card and sign it. Refusing to fill in or sign, the people's police handling the case shall indicate it on the summons card.
The public security organ shall promptly ask and verify the summoned illegal suspect, and the time for asking and verifying shall not exceed eight hours; If the case is complicated and the illegal act may be punished by administrative detention according to law, the time for inquiry and verification shall not exceed 24 hours.
It is not allowed to detain illegal suspects in disguised form by continuous summons.
(a) in the process of fire law enforcement, it is necessary to summon, and the law enforcement officers shall fill in the "Summoning Certificate" and report it to the leaders for approval before issuing the "Summoning Certificate".
(two) law enforcement officers will serve the "summons card" to the summoned person according to law; The person summoned shall sign or seal the receipt of the "summons card" and indicate the date of receipt.
(3) If the summoned person refuses to accept the summons or evades the summons without justifiable reasons, he shall be forced to summon according to law with the approval of the leader.
(4) After the summoned person arrives at the case, he shall conduct interrogation and verification in a timely manner, and make an interrogation record, and the time for each interrogation shall not exceed 24 hours.
(five) for violations of fire laws and regulations found on the spot, the undertaker may verbally summon the relevant personnel. When announcing the oral summons, the undertaker shall explain the reasons for the summons and record the oral summons in the interrogation record.
Quickly solve the problem of "criminal defense"
[Lawyer's reply] Hello, your questions are answered as follows. How to summon suspects after filing a case?
First, how to summon suspects after filing a case
According to the provisions of Article 92 of China's Criminal Procedure Law, a criminal suspect who does not need to be arrested or detained may be summoned to a designated place or residence or unit for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced.
(a) in the process of fire law enforcement, it is necessary to summon, and the law enforcement officers shall fill in the "Summoning Certificate" and report it to the leaders for approval before issuing the "Summoning Certificate".
(two) law enforcement officers will serve the "summons card" to the summoned person according to law; The person summoned shall sign or seal the receipt of the "summons card" and indicate the date of receipt.
(3) If the summoned person refuses to accept the summons or evades the summons without justifiable reasons, he shall be forced to summon according to law with the approval of the leader.
(4) After the summoned person arrives at the case, he shall conduct interrogation and verification in a timely manner, and make an interrogation record, and the time for each interrogation shall not exceed 24 hours.
(five) for violations of fire laws and regulations found on the spot, the undertaker may verbally summon the relevant personnel. When announcing the oral summons, the undertaker shall explain the reasons for the summons and record the oral summons in the interrogation record.
Second, the conditions for summoning criminal suspects.
1. When using a subpoena, you must strictly grasp the conditions of the subpoena.
A summons shall meet two conditions at the same time:
First, the suspect must be summoned and not appear in the case;
Second, failure to appear without justifiable reasons may affect the proceedings. If a criminal suspect has not been summoned or received a summons, or has been summoned, but cannot be present due to sudden reasons, such as natural disasters or major diseases, compulsory summons should not be adopted.
The arrest warrant is only for the suspect to appear in court for questioning. You must be careful when using constraints. If the suspect did not resist when he was forced to the case, he would not use bondage. Those who use restraints will not continue to use restraints once the suspect arrives at the case.
2. A criminal suspect who does not need to be detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation. In other words, the designated place should be the public security bureau, police station, grass-roots organizations and units of the city and county where the suspect was working and living at that time, and it is not allowed to go to other provinces, cities and counties.
3. When summoning or forcibly serving a criminal suspect, the certificate of the people's procuratorate or the public security organ must be produced. The certification documents include the summons notice for summoning the criminal suspect and the confirmation letter from the people's procuratorate and the public security organ to prove the identity of the investigator and perform the interrogation task.
4. Summoning a criminal suspect must strictly abide by the time stipulated by law, that is, the duration of summoning and summoning shall not exceed 12 hours, and the criminal suspect shall not be detained in disguised form by continuous summoning and summoning.
[Lawyer's reply] According to Article 50, Chapter VI of the Criminal Procedure Law of People's Republic of China (PRC), there are five kinds of compulsory measures, and the order of compulsory strength is: compulsory summons, bail pending trial, residential surveillance, detention and arrest. Compulsory summoning refers to a compulsory measure that public security organs, people's courts and people's procuratorates force criminal suspects and defendants who are not in custody to appear in court for interrogation. The public security organ may summon a criminal suspect who needs to be summoned or fails to appear in the case without justifiable reasons to the place designated by the city or county where he is located for interrogation. When being summoned by force, he shall show the confiscation certificate and order him to sign (seal) the confiscation certificate and press his handprint. The detention period shall not exceed 12 hours, and criminal suspects shall not be detained in disguised form in the form of continuous detention. With regard to summoning, Article 92 of the Criminal Procedure Law stipulates that a criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. The maximum duration of summons and summons shall not exceed twelve hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. Obviously, summoning and summoning are two different litigation actions, and summoning is one of the legal criminal compulsory measures, which has certain compulsion. Summon is notification, not coercion, which is the fundamental difference between the two.
[Lawyer's reply] 1. There are two kinds of behaviors of public security organs: one is administrative behavior and the other is criminal investigation. 2. Compulsory summons: an administrative compulsory measure taken by the public security organ against those who refuse to be present for questioning or should take administrative compulsory measures after being summoned without justifiable reasons. This is an upgraded version of the subpoena. The difference between the two is similar to the difference between summons and summons. 1 is different in nature: the former is an administrative compulsory measure, while the latter is a criminal compulsory measure. 2. Different objects of application: the former is the person who refuses to appear in court for interrogation without justifiable reasons or should take administrative compulsory measures after being summoned, while the latter can only be criminal suspects and defendants. 3, the specific application is also different:
The problem is urgent? Online consulting lawyer >
3 100 lawyers solve problems online efficiently.
10w+ browse
[Lawyer's reply] Use a summons card to summon illegal or just suspects. Without a court decision, it cannot be considered a crime. Article 12 of the Criminal Procedure Law of People's Republic of China (PRC) * * * has not been judged by the people's court according to law, and no one shall be found guilty.
Quickly solve the problem of "criminal defense"
[Lawyer's reply] According to the law, if a public security organ summons a criminal suspect for investigation, it shall show the summons card and the investigator's work permit, and shall not detain the criminal suspect in disguised form by continuous summons. Article 193 of the Procedures for Handling Criminal Cases by Public Security Organs: With the approval of the person in charge of the case-handling department, the public security organ may summon the criminal suspect to a designated place in his city or county or to his residence for interrogation. Article 194 When summoning a criminal suspect, he shall show his summoning card and the investigator's work permit, and order him to sign the summoning card and press his handprint. After the criminal suspect arrives at the case, he shall fill in the time of arrival on the summons card. At the end of the summons, the time of the end of the summons shall be filled in the summons card. If the criminal suspect refuses to fill it out, the investigator shall indicate it on the summons card. For the criminal suspect found at the scene, the investigator can show his work permit and summon him orally, and inform the summoned person of the reasons and basis. The interrogation record shall indicate the way in which the criminal suspect arrived at the case, and the time of arrival and the end time of summoning shall be indicated by the criminal suspect. Criminal suspects who voluntarily surrender or the masses surrender to public security organs may be summoned according to law. Article 195 The time limit for summoning shall not exceed 12 hours. If the case is particularly serious and complicated and requires detention or arrest, the time for summoning shall not exceed 24 hours with the approval of the person in charge of the case-handling department. A criminal suspect shall not be detained in disguised form by continuous summons. If the summons period expires and no other compulsory measures are decided, the summons shall be terminated immediately.
[Lawyer's reply] No summons card is required for oral summons. Interrogation transcripts must be used after summoning, but interrogation transcripts cannot be used. Criminal summons cannot be applied to witnesses or those who are not clear criminal suspects. An oral summons that complies with the law must meet the following conditions: 1. Found the perpetrator who violated public security management on the spot. 2. The people's police shall show their work certificates. Compulsory summons and summons are two different litigation behaviors. Compulsory summons is one of the legal criminal compulsory measures, which has certain compulsion. Summon is notification, not coercion, which is the fundamental difference between the two. A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation. Legal basis: Article 117 of the Criminal Procedure Law, a criminal suspect who does not need to be arrested or detained may be summoned to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation, but the documents of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record. The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time. The above is the relevant content of the oral summons card compiled for you. If a party is summoned orally, a summons card is not required. However, if a criminal suspect or defendant is summoned in writing, a summons certificate from a public security and judicial organ, a people's procuratorate or a people's court shall be produced, and the parties concerned must accept the summons.
[Lawyer's reply] Hello, my answer to your question is that you must use the interrogation record after summoning, not the interrogation record. Criminal summons cannot be applied to witnesses or those who are not clear criminal suspects. An oral summons that complies with the law must meet the following conditions: 1. Found the perpetrator who violated public security management on the spot. 2. The people's police shall show their work certificates. Compulsory summons and summons are two different litigation behaviors. Compulsory summons is one of the legal criminal compulsory measures, which has certain compulsion. Summon is notification, not coercion, which is the fundamental difference between the two. A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation.
Why not just ask >