Will a criminal suspect be detained only after a criminal case has been filed?

Generally speaking, compulsory measures will be taken against a criminal suspect only after a criminal case has been filed.

First of all, after accepting an accusation of clues on suspected economic crimes, the public security organs shall immediately conduct a review and decide whether to file a case within seven days. In cases where there is an accuser, and upon review it is decided not to file the case, a written notice of not filing the case shall be drafted within the time limit for filing and review, and the accuser shall be served within 3 days.

Second, coercive measures refer to five types: custodial summons, release on bail pending further investigation, residential surveillance, detention, and arrest. Among them, the public security organs are rumored to have a criminal suspect present a custodial summons warrant and order him to sign and leave a fingerprint on the custodial summons warrant. The duration of the custodial summons must not exceed 12 hours, and 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 the 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.

Finally, our country is extremely strict in cracking down on the crime of fraud, and the legal provisions and judicial interpretations on the crime of fraud are very complicated, so it is recommended that the parties can entrust a professional criminal lawyer to deal with it whether it is a criminal complaint or a criminal defense.

[Legal basis].

Article 109 of the Criminal Procedure Law: When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file the case for investigation in accordance with the scope of jurisdiction.

Article 111 of the Criminal Procedure Law: Reports, accusations, or reports may be submitted in writing or orally. Staff members who receive oral reports, accusations, or reports shall write a record, and after it is read out correctly, the person making the report, accuser, or informant is to sign or affix a seal.

Staff members who receive accusations or reports shall explain to the accuser or informant the legal responsibility they should bear for false accusations. However, as long as it is not a fabrication of facts or fabrication of evidence, even if there are discrepancies in the facts of the accusation or report, or even if it is wrongly accused, it must be strictly distinguished from false accusation.

Public security organs, people's procuratorates, or people's courts shall ensure the safety of informants, accusers, informants, and their close relatives. If the informant, accuser, or informant is unwilling to disclose his or her name or the conduct of the report, accusation, or report, he shall keep his secret.

Of course, this is the inevitable procedure, and this procedure has to go.

Legal analysis: When a criminal case is filed, no one will be detained without evidence, and there is a process from case filing to arrest.

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

Article 109: When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file and investigate the case in accordance with the scope of its jurisdiction.

Article 112: People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials for reporting, accusations, reports, and voluntary surrender in accordance with the scope of their jurisdiction, and shall file a case when they find that there are facts of a crime that need to be pursued for criminal responsibility; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

Legal Analysis: The police will not necessarily detain you after filing a case. Public security organs may criminally detain current offenders or major suspects.

Detained persons shall be interrogated within 24 hours of detention. After being interrogated for the first time by the investigating organ or from the date on which compulsory measures are taken, a criminal suspect may hire a lawyer to provide him with legal advice, appeals, or accusations. The retained lawyer has the right to learn from the investigating organs about the crimes that the criminal suspect is suspected of, and may meet with the criminal suspect in custody to learn about the circumstances of the case from the criminal suspect.

Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it 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, have committed crimes multiple times, or have committed crimes in groups, the time 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.

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

Article 6: The people's courts exercise the power to adjudicate civil cases.

The people's courts are to independently adjudicate civil cases in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the jurisdiction of the people's court accepting the civil lawsuit and the people's court receiving the lawsuit.

Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Law of the People's Republic of China on Public Security Administration Punishments》 Article 77: Public security organs shall promptly accept and register cases of violations of the administration of public security transferred by persons who report, accuse, inform, or violate the administration of public security, as well as cases of violations of the administration of public security transferred by other administrative departments or judicial organs.

If a case is not filed, it cannot be detained, but it can be summoned.

1. If the public security organs discover that a crime has occurred, they shall file a case for investigation. Where it is found that there is a suspicion of a crime before the case is filed, the criminal suspect may be summoned.

2. Where the criminal suspect refuses to accept the summons, the public security organs may compel the custodial summons. Article 117 of the Criminal Procedure Law provides that a criminal suspect who does not need to be arrested or detained may be summoned to a designated location in the city or county where the criminal suspect is located or to his residence for interrogation, but the supporting documents of the people's procuratorate or public security organ 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 Xiang Lead case are particularly 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.

Criminal suspect or criminal suspect, also known as suspect, suspect, or suspect, refers to the designation of a person who has been criminally prosecuted for a suspected crime before the procuratorate formally indicts him or her to the court. Unlike criminals, criminal suspects are innocent according to the principle of presumption of innocence, unless proven guilty at trial. The basic concept is also known as a suspect, a criminal suspect.

refers to the object of investigation by the criminal investigation organ or the object of suspicion preliminarily determined by the investigation clues. A criminal suspect must be a specific person, and a person who has not yet been found and whose identity has not yet been identified cannot be called a criminal suspect. In criminal investigation practice, criminal suspects may be excluded from suspicion by alibi evidence and other scientific evidence.

A criminal suspect who is criminally charged after the conclusion of a criminal investigation is called a criminal defendant. A summons is a measure taken by the judicial organ to notify the litigants to appear at the case at a designated time and place. According to Article 117 of the Criminal Procedure Law of the People's Republic of China, "a criminal suspect who does not need to be arrested or detained may be summoned to a designated place or to his residence or unit for interrogation, but the supporting documents of the people's procuratorate or public security organ shall be presented," 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.

According to Article 80 of the Criminal Procedure Law, [Conditions for Detention] Public security organs may detain current offenders or major suspects in advance under any of the following circumstances: Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; The victim or a person who witnessed the crime identified him as having committed the crime; Evidence of a crime is found in the vicinity or residence; attempting suicide, escaping, or being at large after committing a crime; There is a possibility of destroying or fabricating evidence or colluding confessions; Those who do not state their real names and addresses, and whose identities are unknown; There is a major suspicion of committing crimes on the go, committing crimes multiple times, or committing crimes in groups. So it doesn't mean that you will be detained if you call the police.

Article 60 of the Provisions on the Procedures for Handling Administrative Cases by Public Security Organs, where it is necessary to summon a suspect for investigation, a summons warrant may be used upon approval of the person in charge of the public security police station, the case-handling department of the public security organ at or above the county level, or the exit/entry border inspection organ. People's police may orally summon suspects discovered at the scene upon presentation of their people's police identification, and indicate in the interrogation record the suspect's arrival at the case, arrival time, and departure time before the suspicion of violation. 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.

Suspects who violate the administration of public security or exit/entry without a legitimate reason or who evade summons, as well as other suspects who may be compulsorily summoned by law, may be compulsorily summoned upon approval of the responsible person of 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. 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 person being summoned 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.