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Who approves the extension of criminal summons to 24 hours

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Who approves the extension of criminal summons to 24 hours


        

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  • 2024-06-17 05:00:50
     If the case is particularly serious and complicated, and it is necessary to take measures of detention and arrest, the summons shall not last for more than 24 hours with the approval of the head of the department handling the case. A criminal suspect shall not be detained in disguised form by continuous summons. According to relevant laws and regulations, 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 certification documents of the People's Procuratorate or the public security organ shall be presented. A criminal suspect found on the scene may be summoned orally upon production of his work certificate, but it shall be noted in the interrogation record. The duration of summoning and compulsory summoning shall not exceed twelve hours; If the case is particularly serious and complicated, and it is necessary to take measures of detention or arrest, the duration of the summoning and compulsory summoning shall not exceed 24 hours. A criminal suspect shall not be detained in disguised form by continuous summoning or summoning. When summoning or forcibly summoning a criminal suspect, the food and drink of the criminal suspect and the necessary rest time shall be guaranteed.

    Legal basis

    Article 117 of the Criminal Procedure Law of the People's Republic of China, if a party, defender, agent ad litem, or interested person commits any of the following acts against a judicial organ or its staff, he or she shall have the right to appeal or lodge a complaint with that organ:
    (1) Failing to release, rescind or alter the compulsory measures at the expiration of the statutory time limit;
    (2) The bail deposit that should be returned is not returned;
    (3) Taking measures to seal up, distrain or freeze property irrelevant to the case;
    (4) The seal up, seizure or freeze that should be lifted is not lifted;
    (5) Embezzles, misappropriates, privately distributes, exchanges, or uses sealed up, seized, or frozen property in violation of regulations.
    The organ that accepts the appeal or complaint shall handle it in a timely manner. If they are not satisfied with the handling, they may appeal to the people's procuratorate at the same level; Cases directly accepted by the People's Procuratorate may appeal to the People's Procuratorate at the next higher level. The People's Procuratorate shall examine the appeal in a timely manner, and if it is true, it shall notify the relevant organs to make corrections.

    Article 195 of the Provisions on the Procedure of Public Security Organs in Handling Criminal Cases, when investigating a crime, if it involves state secrets, trade secrets or personal privacy, it shall be kept confidential.

    H***

    2024-06-17 05:00:50

  • criminal Relevant knowledge

  • law

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