Ask for advice on the issue of arrest, three situations of arrest

Be. The decision of the Public Prosecutor's Office to arrest is a case in which the Public Prosecutor's Office is responsible for investigating. The court decides, and generally the court decides when the case has already been litigated in the court.

The time limit for filing an arrest is generally 3 days. In special circumstances, the time period for submitting a request for review and approval may be extended by 1 to 4 days, and may be extended to 30 days where there are cases of wandering, multiple crimes, or gangs.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 91: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of 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 approve the arrest within 7 days of receiving the procurator's submission to the public security organ for approval of the arrest. 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.

1. There is evidence to prove the facts of the crime. This is the evidentiary prerequisite, factual and precondition of the arrest. According to the relevant judicial interpretations, this condition has the following meanings:

First, there is evidence to prove that a crime has occurred. This requires that the facts that have occurred must be the facts constituting the crime, and not other facts, and that the existence of the facts of the crime has been proved by certain evidence; Second, there is evidence to prove that the facts of the crime were committed by the criminal suspect; Third, the evidence proving that the criminal suspect committed a criminal act has been verified and true. If a criminal suspect has committed several crimes, as long as there is evidence to prove one of them, the requirement of "having evidence to prove the facts of the crime" is satisfied.

2. The possibility of a sentence of imprisonment or higher is a sentencing condition, a criminal responsibility condition, or a legal condition for arrest. Arrest, as the most severe coercive measure, should be applied to criminals of a serious nature, so the law stipulates that arrest is applicable only to those who may be sentenced to a sentence of imprisonment or higher, but not to criminal suspects and defendants who may be sentenced to controlled release, short-term detention, or independent application of supplementary punishments.

3. The use of methods such as release on guarantee pending further investigation and residential surveillance is not sufficient to prevent them from becoming dangerous to society, but arrest is necessary. This is based on the personal dangerousness of the criminal suspect or defendant. That is to say, if only the above two conditions are met, an arrest cannot be made, and it depends on whether there is a need for arrest.

This condition is generally examined mainly from the following two aspects: first, whether the nature of the case is serious and whether it is heinous; The second is the criminal suspect or defendant's own circumstances and the extent of their subjective malice. If the use of bail pending further investigation or residential surveillance against a criminal suspect or defendant is sufficient to prevent danger to society, he should not be arrested, but should be subject to lighter coercive measures.

Legal analysis: After the arrest warrant is issued, the procuratorate has approved the arrest, and the public security organs still have a certain period of investigation, and then it will be transferred to the procuratorate, and after the procuratorate reviews the prosecution, if it decides to prosecute, it will be transferred to the court, and the court will make a judgment based on the specific facts and evidence of the case. According to the relevant regulations, after the procuratorate approves the arrest of a criminal suspect, the public security organs must immediately enforce the arrest and continue the investigation after the arrest is carried out.

If the relevant evidence is available, the procuratorate will prosecute the criminal suspect and hand it over to the court for judgment.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 94: People's courts and people's procuratorates must interrogate persons who have decided to arrest each other, and public security organs must conduct interrogations within 24 hours of arrest of persons who have been approved by the people's procuratorate. When it is found that an arrest should not be made, it must be released immediately and a certificate of release must be issued.

Article 95: After a criminal suspect or defendant is arrested, the people's procuratorate shall still conduct a review of the necessity of detention. Where it is not necessary to continue detention, it shall be recommended that they be released or that the compulsory measures be modified. The relevant organs shall notify the people's procuratorate of the disposition within 10 days.

Article 96: If people's courts, people's procuratorates, and public security organs discover that compulsory measures were improperly employed against criminal suspects or defendants, they shall promptly revoke or modify them. Where the public security organs release the arrested person or modify the arrest measures, they shall notify the people's procuratorate that originally approved it.

The next step is the interrogation of the suspect, which must be carried out within 24 hours of arrest, and the interrogation of the suspect must be carried out by investigators from the people's procuratorate or public security organ. During interrogations, there must not be fewer than two investigators, and investigators shall conduct interrogations in the detention center. When it is discovered that an arrest should not be made, it must be released immediately and a release certificate must be issued; The period of investigative detention after the arrest of a criminal suspect must not exceed two months.

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 custody of the artifact. Except where there is no way to give notice, the family of the arrested person shall be notified within 24 hours of the arrest.

Article 94 of the Criminal Procedure Law of the People's Republic of China provides that the people's courts and people's procuratorates must interrogate those who have decided to arrest each other, and the public security organs must interrogate those arrested with the approval of the people's procuratorate within 24 hours of arrest. When it is found that an arrest should not be made, it must be released immediately and a certificate of release must be issued. The period of investigative detention after the arrest of a criminal suspect must not exceed two months.