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Anonymous users2024-02-12Oral summons is usually a measure to summon the person being summoned when there is a violation of the law at the scene.
On the basis of the "Public Security Administration Punishment Law", the people's police may orally summon violators of public security administration discovered at the scene upon presentation of their work identification, but this shall be noted in the interrogation record.
The public security organs shall inform the summoned person of the reasons and basis for the summons.
A person who does not accept a summons without a legitimate reason or evades a summons may be compulsorily summoned.
In addition, according to the provisions of the Criminal Procedure Law, 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.
Legal basis] Article 119 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 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.
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Anonymous users2024-02-11The applicable condition of an oral summons is that the public security department shall issue a summons order to enforce the violation, and if the on-site execution must be recorded, the on-site summons shall be given.
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Anonymous users2024-02-10Legal analysis of the lead: An oral summons that meets the requirements of the law must meet the following conditions at the same time: 1. A person who violates the administration of public security is found at the scene.
II. People's police shall present their work identification. People's police may orally summon violators of the administration of public security discovered at the scene upon presentation of their work identification, but this shall be noted in the interrogation record.
Legal basis: Article 82 of the "Public Security Administration Punishment Law of the People's Republic of China" stipulates that if it is necessary to summon a person who violates the administration of public security to be investigated, a summons certificate shall be used to summon him with the approval of the person in charge of the case-handling department of the public security organ.
People's police may orally summon violators of the administration of public security discovered at the scene upon presentation of their work identification, but this shall be noted in the interrogation record.
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Anonymous users2024-02-09An oral summons that complies with the law must meet the following conditions:
1. Ensure that the criminal suspect has food and necessary rest time.
2. The duration of the summons or custodial summons must not exceed 12 hours.
3. Where the circumstances of the 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.
4. Criminal suspects must not be covertly detained in the form of continuous summons or custodial summonses.
Summons procedures: 1. In the process of law enforcement, if it is necessary to summon, the undertaking law enforcement personnel shall fill in the "Summons Certificate" approval form, and issue the "Summons Certificate" after reporting to the leader for approval.
2. The law enforcement personnel undertaking the work shall deliver the "Summons Certificate" to the summoned person in accordance with the law; The summoned person shall sign or affix a seal to the receipt of the "Summons Certificate" and indicate the date of receipt.
3. Where the summoned person refuses to accept the summons or evades the summons without a legitimate reason, a compulsory summons is to be carried out in accordance with law with the approval of the leadership.
4. After the summoned person is summoned to the case, he or she shall promptly conduct interrogation and verification, and make a record of the interrogation, and the duration of each interrogation must not exceed 24 hours.
5. For violations of laws and regulations found on the spot, the undertaker may orally summon relevant personnel. When announcing an oral summons, the personnel undertaking the summons shall explain the reasons for the summons, and record the circumstances of the oral summons in the record during interrogation.
Where it is necessary to summon a suspect to be investigated, a summons warrant (summons) is to be used upon approval of the responsible person for a public security police substation or the case-handling department of a public security organ at the county level or above. People's police may orally summon suspects discovered at the scene upon presentation of their work identification, and note in the interrogation record the suspect's arrival, arrival, and departure time. The public security organs shall inform the summoned person of the reasons and basis for the summons.
Persons violating the administration of public security who do not accept or evade summons without a legitimate reason, as well as other illegal acts that may be compelled by law, may be compulsorily summoned. When compelling summonses, restraint police equipment such as handcuffs and police ropes may be used in accordance with law.
Legal basis
Code of Criminal Procedure
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 criminal suspect is located or to his residence for interrogation, but the people's procuratorate or public security organ's supporting documents shall be presented. Stoves and 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.
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Anonymous users2024-02-08According to the "Public Security Administration Punishment Law": Where it is necessary to summon a person who violates the administration of public security to be investigated, a summons warrant is to be used to summon him with the approval of the person in charge of the case-handling department of the public security organ. People's police may orally pass on a call for violations of the administration of public security discovered at the scene upon presentation of their work identification, but this shall be noted in the interrogation record.
In order to comply with the law, the following conditions must be met at the same time: 1. A person who violates the administration of public security is found at the scene. 2. The people's police shall present proof of completion of work.
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