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Anonymous users2024-02-13The purpose of the police station's seizure of the mobile phone is to fear that the criminal suspect will contact the outside world, or the mobile phone itself is a criminal tool and needs to be handed over with the case.
Legal analysis
In accordance with the provisions of the relevant laws, the organ that decides to detain shall interrogate the detained person within 24 hours of detention. The purpose of interrogation is to ascertain the facts and prevent wrongful detention. At the same time, evidence can also be collected in a timely manner, and other co-defendants can be ascertained, so as not to delay the fighter plane.
When it is found that detention should not be done, it must be released immediately and a release certificate must be issued. The so-called "shall not be detained" mainly refers to the following circumstances: where the criminal act has not occurred or the detained person's conduct does not constitute a crime, although there has been a criminal act, criminal responsibility should not be pursued in accordance with law, although there is a criminal act, it is not committed by the detainee, and although the criminal act was committed by the detainee, the person does not have the legally prescribed circumstances for detention and does not need to be detained.
In such cases, the detainee shall be immediately released and a certificate of release shall 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. That is, where, after interrogation, it is found that the detainee has committed a crime and needs to be arrested in accordance with law, but fails to collect sufficient evidence to prove the facts of his crime within the period of detention, and if certain compulsory measures should be taken to restrict his or her personal liberty for the purpose of handling the case, he may be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
Where it is necessary to arrest a criminal suspect in custody, arrest formalities shall be completed.
Legal basis
Article 12 of the People's Police Law of the People's Republic of China: As needed for the investigation of criminal activities, the people's police of public security organs may lawfully carry out detention, search, arrest, or other compulsory measures.
Article 3 of the Criminal Procedure Law of the People's Republic of China: The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions. The people's courts are responsible for trials.
Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers.
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Anonymous users2024-02-12It is possible that there is a record of suspected illegal behavior in your mobile phone, and the public security organ is carrying out data recovery, and the mobile phone card has no meaning for data recovery, so it is returned to you.
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Anonymous users2024-02-11That's because you have clues about the case in your phone, so stay for the technicians to follow up and visit. The reason for returning the SIM card to you is because it does not delay your normal life.
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Anonymous users2024-02-10Criminal cases need to be able to extract information from mobile phones to prove crimes.
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Anonymous users2024-02-09This is an investigation and forensics, an investigation of what's in the phone. No criminal record. If not, I'll give it back to you. If there is, it must be withheld as evidence.
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Anonymous users2024-02-08To check your contact history and the like, this police station has the right to see it in a criminal case if you are the main suspect.
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