Is there any evidence under Chinese law that the person is released within 48 hours if no evidence i

The period of retention in custody for the person being interrogate is not to exceed 24 hours from the time they are brought to the public security organs, and in special circumstances, it may be extended to 48 hours with the approval of the public security organs at the county level or above, and a record of the interrogation shall be retained. Where continued interrogation is approved, their families or their units shall be immediately notified. Where continued interrogation is not approved, the person being questioned shall be immediately released.

Where, after continued interrogation, the public security organs find that it is necessary to take detention or other compulsory measures against the person being questioned in accordance with law, they shall make a decision within the period provided for above; Where the above decision cannot be made within the period provided above, the person being questioned shall be immediately released.

If there is only such a custodial summons, it is generally up to 24 hours!

Applicable Persons of Custodial Summons.

For criminal suspects or defendants who have not been detained, two situations should be excluded for this purpose:

1. Interrogation of criminal suspects or defendants who have already been detained is sufficient for direct arraignment, and there is no need to go through custodial summons formalities;

2. Custodial summons can only be applied to criminal suspects or defendants, and not to other parties, nor to other litigation participants. Procedures and duration of custodial summonses.

1. Relevant procedures must be presented;

2. There must be no less than two persons enforcing custodial summonses;

3. For those who resist custodial summons, they may use equipment;

4. After the custodial summons is enforced, they shall be immediately interrogated;

5. 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.

If one interrogation is not enough, he should be released immediately. 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. @法律卫士陆海涛.

If they are detained for more than 48 hours without conclusive evidence, you can prosecute, and if the prosecution fails, then you can go to the Commission for Discipline and Justice.

Assistance is not entitled! Alarm! Tell him!

Hehe, you've watched too many Hong Kong dramas. The law of our country is like this.

The time for summons and questioning in criminal cases must not exceed 12 hours, and the time for summons and questioning in public security cases must not exceed 24 hours, which is the legal time, and if there is no evidence, the person must be released within the said time.

If there is evidence that the suspect is suspected of committing a crime, the public security organs must make a decision to detain or not to detain within the above timeframe. If a single person is detained in a single case, the case-handling unit must report to the procuratorate for approval of the arrest within three days (or seven days upon approval); If the crime is committed multiple times, the crime is committed on the go, or the crime is committed in groups, the case-handling unit must report to the procuratorate for approval of arrest within one month. If the procuratorate does not approve the arrest, the person will be released immediately.

Yes. If the police are summoned for 24 hours, and the public security punishment is carried out without evidence, the person must be released. There is also liuzhi for cross-examination, which is limited to 24 hours, which can be extended to 48 hours upon approval, and if there is not enough evidence to criminally detain the person by then, the person must be released.

1. 12 hours.

Article 92 of the Criminal Procedure Law: The duration of a summons or custodial summons shall not exceed 12 hours.

2. 24 hours.

Article 64 of the Criminal Procedure Law: After detention, the family of the detainee or his work unit shall be notified of the reason for the detention and the place of detention within 24 hours, except in cases where the investigation is obstructed or notification is not possible.

Article 65: The public security organs shall interrogate a detained person within 24 hours of detention.

Article 71: After an arrest, the family of the arrested person or his unit shall be notified of the reason for the arrest and the place of detention within 24 hours, except in cases where the investigation is obstructed or notification cannot be made.

Article 78 of the Interpretation: After the people's court makes an arrest decision, it shall send the arrest decision to the public security organ for enforcement. After the defendant is arrested, the people's court shall notify the family of the arrested person or his unit within 24 hours of the reason for the arrest and the place of detention; Where there is truly no way to notify, the reason shall be recorded in the volume.

Article 72: The people's courts and people's procuratorates must interrogate persons who have decided to arrest them, and the public security organs must interrogate persons arrested with the approval of the people's procuratorate within 24 hours of arrest.

Article 79 of the Interpretation: For a defendant whom the people's court decides to arrest, the adjudicator must conduct an interrogation within 24 hours of the arrest. If it is discovered that an arrest should not be made, the compulsory measures shall be modified or immediately released after reporting to the court president for approval.

Where they are released immediately, a certificate of release shall be issued.

Article 133: The People's Procuratorate shall interrogate a person detained in a case directly accepted by the People's Procuratorate within 24 hours of detention.

3. 48 hours.

Article 11 of the Provisions of the Six Organs: During the investigation stage, if a lawyer proposes to meet with a criminal suspect, he shall arrange a meeting within 48 hours.

4. Law of the People's Republic of China on Public Security Administration Punishments.

Article 83: After being summoned by the public security organs, the public security organs shall promptly inquire and verify the violators of the administration of public security, and the time for questioning and verification must not exceed 8 hours; Where the situation is complicated and the punishment of administrative detention might be applied in accordance with the provisions of this Law, the time for questioning and verification must not exceed 24 hours.

The public security organs shall promptly notify the family of the summoned person of the reason for the summons and the location.

According to the provisions of the Criminal Procedure Law, if a public security organ deems it necessary to arrest a criminal suspect after taking him into custody, it shall submit it to the people's procuratorate for approval within three days of the detention. In exceptional 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.

During the period when the public security organs take compulsory measures of criminal detention against criminal suspects, they are in the process of continuously collecting evidence of the criminal suspect's crimes, and if they believe that the criminal suspect should be arrested, the public security organ will apply to the procuratorate for arrest. Paragraph 3 of Article 89 of the Criminal Procedure Law stipulates that the people's procuratorate shall make a decision to approve or not to approve arrest within seven days of receiving a written request for approval of arrest from the public security organ.

If there is evidence to prove that the criminal suspect has committed a crime and needs to be arrested or detained, the procuratorate shall review the evidence collected by the public security organs, and if the procuratorate finds that the evidence is insufficient, it will not approve the arrest, and the public security organs shall modify the compulsory measures or release them. Therefore, after a criminal suspect has been subjected to compulsory measures of criminal detention, the maximum period of detention shall not exceed 37 days. Legal basis:

Article 91 of the Criminal Procedure Law: 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 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.

1. If there is no evidence to prove that a person has violated the law and committed a crime, he will not be detained, and it can only be applied to retention in custody for investigation and summons, but not to detention.

2. Paragraph 2 of Article 117 of the Criminal Procedure Law of the People's Republic of China stipulates that the duration of a summons or custodial summons shall 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. [1]

The first paragraph of Article 83 of the Public Security Administration Punishment Law stipulates that the public security organs shall promptly inquire and verify the violator of the administration of public security after being summoned, and the time for questioning and verification shall not exceed eight hours; Where the situation is complicated and the punishment of administrative detention might be applied in accordance with the provisions of this Law, the time for questioning and verification must not exceed 24 hours.

Arresting people is a popular phrase among the people, and at the legal level, it should be divided into cases of suspected public security violations and cases of suspected criminal offenses. In cases of suspected public security violations, article 57 of the "Provisions on the Procedures for Handling Administrative Cases by Public Security Organs" provides: In order to maintain social order, the people's police may interrogate and inspect persons suspected of violating the law on the spot after indicating their status as law enforcement.

Where, after on-site interrogation or inspection, the suspicion of violating the law cannot be ruled out, and continued interrogation may be applied in accordance with law, they may be brought to the public security organs, and upon the approval of the responsible person for the public security police substation, they may be continued interrogated. In cases of suspected criminal offenses, in accordance with article 74 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs", the public security organs, on the basis of the circumstances of the case, may custodial and summon criminal suspects who need to be summoned to a designated location in the city or county where they are 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 76 stipulates that custodial summons must not last more than 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 custodial summons must not exceed 24 hours upon approval of the responsible person at a public security organ at the county level or above. Criminal suspects must not be covertly detained in the form of continuous custodial summons. Where the period for custodial summons is completed and no decision is made to employ other compulsory measures, the custodial summons shall be immediately concluded.

Judging from the above provisions, when the police station has no evidence, it may interrogate or custodial a suspect suspected of violating the law or committing a crime, but the time specified above shall be strictly observed. 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.

If it is a public security summons, it should not exceed 8 hours; In the case of a criminal summons, no more than 12 hours; Questioning must not exceed 24 hours during detention.

24 hours, with the approval of the bureau leaders, the maximum is not more than 48 hours.

Without an arrest warrant, they cannot be arrested for questioning for a maximum of 24 hours, that is, one day, otherwise they will be illegally detained and they can be prosecuted.

What to match, there is no conclusive evidence.

Arresting people indiscriminately, a serious corruption system, there are too many bad people in the ranks of the public security organs, cheating for personal gain, not acting impartially, wearing the national emblem on their heads, and losing the face of the country, so the police can't give them any rights, you must have evidence to arrest people, and then hand them over to the procuratorate to deal with what's wrong, that's right, the police give them the right First of all, one of their brothers is a person who violates the law and discipline, and they want to eat and take cards are what they do, collect money to do things, and find a guilty sheep conscience and in.

They will beat you and torture you until you say it.

It's okay to detain you, it's good if I didn't beat you half to death!

The police station cannot send a suspect to a detention center without evidence.

In public order cases, the summons is eight hours, and only if detention is applicable, it can be summoned to 24 hours.

It is 12 hours in criminal cases and 24 hours in cases where detention is applicable.