The maximum time for summoning shall not exceed several hours.
The summoning time cannot 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. When summoning and detaining a criminal suspect, the public security organ shall ensure the suspect's diet and necessary rest time. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons.
Conditions for summoning a criminal suspect:
1, the suspect must fail to summon the case. Failure to appear in the case without justifiable reasons may affect the litigation. 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. The person who uses the restraint will not continue to use the restraint 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 criminal 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 certification letter from the people's procuratorate and the public security organ to prove the identity of the investigator and perform the interrogation task;
4. The time for summoning a criminal suspect must strictly abide by the law, that is, the summoning and summoning duration shall not exceed 12 hours, and the criminal suspect shall not be detained in disguised form by continuous summoning and summoning.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 162nd of the Criminal Procedure Law of People's Republic of China (PRC)
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion, and transfer it to the people's procuratorate at the same level together with the case file and evidence, and inform the criminal suspect and his defense lawyer of the case transfer.
If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.
Article 176
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute, file a public prosecution with the people's court in accordance with the provisions of jurisdiction, and transfer the case files and evidence to the people's court.
If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.
Article 187
After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate on the defendant and his defender ten days before the hearing.
Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
The above-mentioned activities shall be recorded in the record and signed by the judges and clerks.