First, relatives suddenly lost contact and heard that they were arrested. How can we confirm the real situation?
According to Article 64 of China's Criminal Procedure Law, after detaining a criminal suspect, the family members of the detained person or his unit shall be informed of the reasons and place of detention within 24 hours, unless it hinders the investigation or cannot be notified. If you hear that your family has been arrested and have not received the notice of criminal detention, you can directly ask the case-handling organ for information.
Second, when I went to the police handling the case, the police informed me that the notice had been sent home, but I didn't receive it. What should I do?
The notification letter was mailed home according to the address dictated by the suspect. In practice, it often happens that suspects do not fill in the contact address of their families in order to avoid their worries. In this case, you can go to the investigation organ to ask about the charges and ask for a notice to ask who the undertaker is. You can hire a lawyer to meet in time and provide legal help.
Third, how to confirm the place where your loved ones are being held?
The place of detention can be determined through the detention center designated by the Notice of Criminal Detention; If you don't receive the Notice of Criminal Detention in time, you can directly submit it to the investigation organ handling the case.
4. What should I do if I suddenly receive a notice of criminal detention?
If the family members get the notice of criminal detention, it means that the investigation organ has some evidence, and your family members may have been suspected of committing a crime.
The notice of criminal detention will reveal the following information to you: (1) the suspected crime in your family; (2) Who are the organs and personnel handling the case; (3) Arrest or release your family members with the approval of the procuratorate within 10 days, up to 37 days, and within 10 days after the public security organ opens the case for investigation.
Get a notice of criminal detention, you can save some money and send clothes to the place where you are detained. More importantly, you can entrust a lawyer to meet in time and provide him with legal help.
5. Where should I send clothes and other items after my relatives are arrested?
Your family has just entered the detention center, and it is very painful and helpless. Food and clothing are all problems, so I suggest you go to the detention center to save some money for him and bring him some clothes and toiletries. You can deposit money in the special reception room of the detention center. I suggest you don't save too much.
6. After the relatives are arrested, they want to know what their relatives have done and how to contact them.
The investigation organ handling the case shall, within 24 hours after detaining your family, make a notice of detention, stating the reasons and place of detention, and serve it to the family of the criminal suspect or his unit.
However, in practice, it often happens that the notice is not given because of "obstructing the investigation", or the detention notice is not delivered to the suspect's family or unit.
Therefore, it is suggested that the family members should contact the public security organ handling the case actively, requesting that the detention notice not be mailed, and the relatives of the criminal suspect should go directly to the public security organ to sign for it. Under normal circumstances, as long as they can prove that they are relatives or friends of the criminal suspect, the public security organs will agree to this legitimate request.
If the public security organ still does not agree with the family's request to sign the detention notice directly, then the family should immediately entrust a lawyer to the detention center to meet the suspect, so as to know the case in time and study countermeasures.
7. After the relatives were arrested, they were very worried about being beaten. What should I do?
After your family is detained, your family should entrust a lawyer to intervene as soon as possible. If the suspect has been tortured to extract a confession, he can explain the situation to him when meeting with a lawyer. Lawyers can appeal to the procuratorate and other departments on behalf of criminal suspects. If the facts are true, the confession obtained by the case-handling organ through torture will not be used as final evidence.
Eight, people have been arrested, and their families want to meet and ask some questions. What should they do?
In criminal cases, before the court decision takes effect, family members can't meet the criminal suspect, only lawyers can. Therefore, after your family is criminally detained, your family should entrust a lawyer as soon as possible. Only in this way can the lawyer meet the client in time and keep abreast of the case.
9. Do I need a detention notice to hire a lawyer?
If there is a detention notice, it should be brought to the law firm to let the lawyer know the specific situation in detail, which is helpful to handle the case. If there is no detention notice, you can also go to the law firm to handle the entrustment procedures and pay the lawyer's fee. But before hiring a lawyer, it is best to know as much as possible about the basic situation of the case, such as what the suspect was detained for, when he was detained, and the course of the case, so that the lawyer can serve you better.
Ten, if suspected of committing a crime, who can hire a lawyer for the suspect? When can I get a lawyer?
A criminal suspect has the right to hire a lawyer by himself or by entrusting others. If a criminal suspect is detained, his close relatives may hire a lawyer for him; If there are no close relatives, other relatives or friends may also hire lawyers on their behalf.
"Close relatives" as stipulated in the Criminal Procedure Law refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.
At the same time, we need to do the following 15 things immediately to keep calm:
1. First of all, insist on asking the arresting person whether he has a detention permit or not, and ask for taking photos or copying if necessary.
2. Insist on seeing the arresting person's certificate and write down the alarm unit, name, alarm number and mobile phone number. If necessary, you can call the police or go to the community police station for police officers to witness and record to prevent being caught.
3, as soon as possible (preferably not more than 24 hours) to the case handling unit to verify whether the person was arrested by the authorities.
4. Ask the arresting unit which detention center and detention center the person is detained in, and ask the family of the detainee to inform. Generally, it will be sent to family members by registered mail, please check it.
5. Decide what illegal and criminal acts the detained unit is suspected of.
6, the implementation of administrative detention, judicial custody or criminal detention. In case of administration or judicial custody, the longest time limit is 15 days. Criminal detention is troublesome, which generally means that your relatives are suspected of criminal offences.
7. Save money in detention centers and detention centers on time. At present, the detention center basically does not accept clothes and personal belongings, and saves at least 2-3 thousand yuan at a time for relatives to buy clothes, supplies and order food.
8. Notify the arrested units and relatives and friends who can immediately notify them. Qi Xin, work together and calmly deal with it!
9. It is most important to formally engage professional criminal defense lawyers as soon as possible. In the investigation stage, except the case handlers, only lawyers can see your relatives. Lawyers can help family members learn more about the charges, meet your relatives and provide them with legal advice, and sue and complain on their behalf. In other words, a professional criminal lawyer is the only protector of your loved ones.
10, according to the situation, timely release relevant news within a certain range, prevent the case-handling organs from operating behind the scenes, and use new social media such as Weibo and WeChat with caution. If necessary, we can let the media report and strengthen public supervision.
1 1, please trust your friends and relatives, make overall plans and clarify the division of responsibilities, which will help you make correct decisions. Don't blindly listen to other people's promises, such as connections and fishing! Once credulous, it is a waste of money, the worst will delay the opportunity and cause lifelong regret! Family members shall not destroy hidden evidence, interfere with handling cases, or shield their accomplices. Otherwise, one didn't come out and several went in!
12. Make economic, time and psychological preparations for a protracted war at any time. Criminal cases are unequal confrontations between state public power and individual private rights, with high economic and time costs.
13, if the truth is in hand or may be innocent, don't compromise easily.
14, do your best to listen to your destiny and don't give up until the end.
15, try not to affect the normal life and study of the elderly and minors at home.