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Article 65: Public security organs shall conduct interrogations of detained persons within 24 hours of detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must be issued. Where arrest is necessary and the evidence is insufficient, they may be released on guarantee pending further investigation or placed under residential surveillance.
Article 66: When public security organs request the arrest of a criminal suspect, they shall write a written request for approval of arrest and send it to the people's procuratorate at the same level for review and approval, together with the case file materials and evidence. When necessary, the people's procuratorate may appoint personnel to participate in the public security organs' discussions of major cases.
Article 67: The chief procurator makes a decision on the people's procuratorate's review and approval of the arrest of a criminal suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 68: After the people's procuratorate conducts a review of a case submitted by the public security organ for approval of arrest, it shall make a decision to approve or not approve arrest based on the circumstances. The public security organs shall immediately enforce the decision to approve arrest and promptly notify the people's procuratorate of the execution situation. Where arrest is not approved, the people's procuratorate shall explain the reasons, and where it is necessary to supplement the investigation, it shall notify the public security organs at the same time.
Article 69: Where public security organs find it necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
Article 70: When public security organs find that the people's procuratorate's decision not to approve arrest is in error, they may request a reconsideration, but they must immediately release the detained person. If the opinion is not accepted, a request for review may be submitted to the people's procuratorate at the level above. The higher-level people's procuratorate shall immediately review it, make a decision on whether to change it, and notify the lower-level people's procuratorate and public security organs to enforce it.
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The maximum length of detention is 37 days, which means that you have to be held in a detention center, and release on bail pending trial is in society, and the two coercive measures are completely different, and the arrest will not exceed two months under normal circumstances. Arrests are also carried out as coercive measures in detention centers. The police station may be the case-handling agency, but it is not possible to detain people for a long time.
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The police station shall notify the family in writing of the relevant situation. 37 days is the maximum period of criminal detention, and any more than 37 days can be changed to either arrest, release on bail pending further investigation, or release from coercive measures.
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When the public security organ arrests a person with a clear stop, he must present an arrest warrant. After arrest, the arrested person shall be immediately sent to the detention center for detention. Except where there is no way to notify them, the family of the arrested person shall be notified within 24 hours of the arrest.
Legal basis: Article 93 of the Criminal Procedure Law of the People's Republic of China provides that when a public security organ arrests a person, it must present an arrest warrant. After arrest, the arrested person shall be immediately sent to the detention center for detention.
Except where there is no way to give notice, the family of the arrested person shall be notified within 24 hours of the arrest.
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Legal analysis: When the public security organ arrests a person, the arrest warrant must be presented. After arrest, the person on probation shall be immediately sent to the detention center for detention. Except where there is no way to notify them, the family of the arrested person shall be notified within 24 hours of the arrest.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 93 When a public security organ arrests a person, it must present an arrest warrant. After arrest, the arrested person shall be immediately sent to the detention center for detention.
Except where there is no way to give notice, the family of the person arrested in the buried state shall be notified within 24 hours of the arrest.
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Legal analysisIf the public security organ will notify the family within 24 hours of the arrest, the public security organ shall enforce the arrest after approving the arrest, and the public security organ shall issue an arrest warrant at the time of enforcement, and the arrest warrant shall be issued in four copies, one shall be filed with the public security, one shall be handed over to the case-handling department of the procuratorate, one shall be handed over to the arrested person for receipt, and the notice shall be a notice to the family of the criminal suspect's family, so the public security organ will notify the family within 24 hours. However, family members and criminal suspects have the right to know about the arrest of the judicial organs, but it is also possible that the family members of criminal suspects are not in the local area, and it is not illegal for the public security organs to fail to notify their families within a short period of time due to special circumstances.
Legal basisProvisions on the Procedures for Handling Criminal Cases by Public Security Organs》 Article 125: When a criminal suspect is detained, a petition for detention report shall be completed, and a detention warrant shall be drafted with the approval of the responsible person at a public security organ at the county level or above. When enforcing detention, the detainee must be shown a detention warrant and ordered to sign or leave a fingerprint on the detention warrant, and where they refuse to sign or leave a fingerprint, the investigators shall note this. In emergency situations, where any of the circumstances listed in article 124 of these Provisions are met, upon presentation of the people's police card, the criminal suspect may be orally summoned to the public security organs for immediate review and legal formalities.
Criminal Procedure Law of the People's Republic of China》 Article 90: After the people's procuratorate conducts a review of a case submitted by the public security organ for approval of arrest, it shall, depending on the circumstances, make a decision to approve or not to approve arrest.
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