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In judicial practice, there are many economic criminal offenses, and economic crimes are generally investigated by the economic investigation department of the public security organ, and the public security organ has the right to summon criminal suspects and witnesses and question the parties. The Economic Investigation Brigade is an internal functional department of the public security organs, and its summons method is the same as that of the public security organs. Where the economic investigation department of a public security organ summons a criminal suspect, it may require the party concerned to go to a designated place to be questioned, and may conduct a custodial summons if there is no legitimate reason.
Where custodial summons is necessary, a report on the petition for custodial summons shall be completed and relevant materials attached, and reported to the responsible person at a public security organ at the county level or above for approval. Public security organs shall present a custodial summons to a criminal suspect and order him to sign and leave a fingerprint on the custodial summons. After the criminal suspect is brought into the case, he shall be ordered to write the time of his appearance on the custodial summons card; After the custodial summons is concluded, they shall write the time of the end of the custodial summons on the custodial summons card.
Where the criminal suspect refuses to fill it out, investigators shall indicate this on the custodial summons card. Legal basis: Article 74 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" Public security organs may, on the basis of the circumstances of the case, custodial a criminal suspect who needs to be summoned or who does not appear in the case without a legitimate reason to be summoned to a designated location in the city or county where he is located for interrogation.
Where custodial summons is necessary, a report on the petition for custodial summons shall be completed and relevant materials attached, and reported to the responsible person at a public security organ at the county level or above for approval. Article 75 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" provides that a public security organ shall present a custodial summons to a criminal suspect and order him to sign and leave a fingerprint on the custodial summons.
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Effective, to make up the procedures for you.
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The method of summoning the economic investigation brigade is to use a summons card, and if it is a suspect who has violated the law and is found at the scene, the people's police may orally summon him upon presentation of his people's police card.
In accordance with the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs".
Article 67.
Where it is necessary to summon a suspect to be investigated, a summons card is to be used upon approval of the responsible person for a public security police substation, a case-handling department of a public security organ at the county level or above, or an exit/entry border inspection organ. People's police may orally summon suspects discovered at the scene upon presentation of their people's police cards, and note in the interrogation record the circumstances of the suspect's arrival, arrival, and time of departure.
Where units violate public security administrative provisions and need to summon their directly responsible managers and other directly responsible personnel, apply the provisions of the preceding paragraph.
Persons suspected of violating the administration of public security or exit/entry administration, as well as other suspects who may be compulsorily summoned by law, may be compulsorily summoned upon approval of the public security police substation, the case-handling department of a public security organ at the county level or above, or the responsible person of the exit/entry border inspection organ who does not accept the summons or evades the summons without a legitimate reason for prudence. When compelling summonses, restraint police equipment such as handcuffs and police ropes may be used in accordance with law.
The public security organs shall inform the summoned person of the reasons and basis for the summons, and notify their families. The public security organs are to notify the family of the summoned person to apply the provisions of item (5) of paragraph 1 of article 55 of these Provisions.
[Legal basis].
Article 482 of the Civil Code.
If the offer is made by letter or telegram, the duration of the commitment commences on the date specified in the letter or the date on which the telegram is delivered. If the letter is not dated early, it will be counted from the date of posting of the letter. If the offer is made by means of rapid communication such as **, fax, e-mail, etc., the commitment period shall be calculated from the time when the offer reaches the offeree.
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Legal analysis: The purpose of the summons is to ensure that the criminal proceedings are carried out in a planned manner and that the case is handled in a timely manner, and the summons must use the statutory procedural document - the summons warrant. The economic investigation brigade is an internal functional department of the public security organ, and where the economic investigation department of the public security organ summons a criminal suspect, it may ask the person concerned to go to a designated place for questioning, and may carry out a custodial summons if there is no legitimate reason.
Therefore, in principle, the public security organs must cooperate with citizens in summoning them, and they cannot refrain from doing so.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 119: Criminal suspects who do not need to be arrested or detained may be summoned to a designated location in the city or county where the suspect is located or to his residence for interrogation, but the supporting documents of the people's procuratorate or the public security organ of Wang Jiaoqing shall be presented. Criminal suspects discovered at the scene may be summoned orally upon presentation of their work identification, but this shall be noted in the interrogation record.
The duration of the summons or custodial summons must not exceed 12 hours; Where the circumstances of the case are especially major or complex, and it is necessary to employ measures of detention or arrest, the duration of the summons or custodial summons must not exceed 24 hours. Criminal suspects must not be covertly detained in the form of continuous summons or custodial summonses. When summoning or custodial summons, the criminal suspect's diet and necessary rest time shall be ensured.
The main task of the Public Security Economic Investigation Brigade is to be responsible for the investigation of domestic economic cases, and it belongs to a special investigation department, which is subordinate to the public security department for obtaining relevant evidence to prove whether there is a crime and the seriousness of the crime, as well as special investigative measures and compulsory measures taken in accordance with the law to arrest criminal suspects. As for the minimum amount to be filed by the Economic Investigation Brigade, according to different crimes and in different regions, there are different standards for filing cases, so it cannot be generalized, and the provisions of the Criminal Law and relevant judicial interpretations should be referred to specifically. Its main responsibilities are as follows: >>>More
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