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your questions; 1. Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs (Decree No. 127 of the Ministry of Public Security).
Article 195The summons must not last more than twelve hours。Where the circumstances of the case are especially major or complex, and it is necessary to employ measures of detention or arrest, upon approval of the responsible person for the case-handling department, the duration of the summons must not exceed 24 hours. Criminal suspects must not be covertly detained in the form of continuous summons.
Expiration of the summonsWhere no decision is made to employ other compulsory measures, the summons shall be immediately concluded
2. Article 117 of the Criminal Procedure Law: 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. 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 a 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. Summoning or custodial summoning criminal suspectsCriminal suspects shall be guaranteed food and necessary rest periods
To sum up,1,The summons lasted 7 hours and was in full compliance with the law;2. 24 hours a day, three meals are limited to 8 hours, and it is in accordance with the law to summon 7 hours without meals.
The above is explained by criminal procedure experts.
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It is normal for the police to take your relative to the police station, because someone called the police and said that he was suspected of theft, and it is natural for the police to take your relative's back, and according to the law, the summons does not exceed 24 hours, it is not illegal, and it is normal for the police to release him if there is no evidence to prove that your relative is suspicious. As for the restoration of reputation and loss of employment, ** does not bear it, because it is the police reported by the original employer, your relatives must be summoned by the police for questioning, which is an obligation and a necessary procedure. If there is no evidence of theft from your relative, you can try to get your former employer to apologize, restore your reputation, and properly claim for the loss of your spouse (suggestion) because it was his police who caused the loss to your relative.
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Is the behavior of this customer and the police illegal?
Customer's behavior.
How to say that. If he thinks something is lost, he has the right to call the police.
You can understand this estimate.
It is impossible to say that you need to prove that something was really lost and who stole it before you can report it.
Otherwise, hehe.
Conduct of the police.
The police arrested him for interrogation for seven hours.
This one is a subpoena at best.
Then no more than 24 hours, there is no problem in terms of time.
As for eating. Judging from our country's financial expenditures, there is no such thing as buying food for the people who are summoned.
So you need to pay out of pocket.
But I guess you also know that the salary of public security work is not very high.
If you buy food for every subpoena.
If the young police officer is better to do, if the 30-year-old or more is about to support the family, it will be a problem.
How can I get my reputation back?
Is there any reputational loss in this situation?
And the work delayed as well as the mental loss?
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Even the detention is not on the sidelines, and even the administrative detention is not a fierce oak, and there is no criminal record.
There is a criminal record, and the criminal detention is a blind sentence.
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According to our country's rules for the exclusion of illegal evidence, only "confessions of criminal suspects or defendants obtained by torture and other illegal means, and witness testimony and victim statements obtained by violence, threats and other illegal means, are illegal verbal evidence." and "evidence of illegal speech confirmed in accordance with the law" can be excluded.
China's laws provide that if a suspect is in a state of intoxication and poses a danger to himself or to the person, property, or public safety of others, protective measures may be taken to restrain him until he sobers up; After confirming that a drunk person is sober, the restraint shall be immediately lifted and questioning shall be conducted. The constraint time is not counted in the inquiry verification time.
The interrogation that you mentioned seven hours after being drunk should have been carried out by the public security organs after confirming that they had sobered up, and now the public security organs are all handling cases in the case-handling area where the entire process is recorded and videotaped, and the investigation of relevant persons who are not conscious after being drunk does not comply with the regulations and cannot form effective verbal evidence, so there is no need for the public security organs to do so.
Therefore, it can be inferred that the result of the "interrogation" you are talking about should be lawful evidence that conforms to the provisions of the law, and if it is true that you are not conscious during the interrogation, it is recommended that you report it to the case-handling organ, the procuratorate, the court, and other relevant departments, and exclude the illegal evidence through legal procedures.
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During the interrogation, they cannot be called "criminals", but can only be said to be criminal suspects. Criminal suspects have the right not to say anything. China's law is based on evidence, not confessions.
As long as the evidence is conclusive, it can also be convicted. Moreover, Chinese law emphasizes leniency in confession and strictness in resistance. In other words, if you don't confess, then this factor will be taken into account when sentencing.
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If you have indeed committed a crime, then it is better to confess honestly, because the general police will only arrest people with relevant evidence, if they do not confess truthfully, it can be considered that they have a bad attitude of admitting guilt, and when the time comes, the materials transferred to the procuratorate will be written in this way, then the court will give a heavier sentence.
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The police will think that this is lazy and refuse to cooperate with the police in handling the case. Therefore, you must also pay attention to the way and method of speaking, tone and vocabulary. However, the police will also try to find evidence and convict only when the evidence is conclusive.
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According to Article 61 of the Criminal Procedure Law, the public security organs may first detain an active offender or a major suspect in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or the person who witnessed the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
Article 64: When public security organs detain a person, they must present a detention warrant. After detention, the detainee's family or his work unit shall be notified of the reason for the detention and the place of detention within 24 hours, except in circumstances where the investigation is obstructed or notification is not possible.
Article 65: Public security organs shall interrogate detained persons within 24 hours of their detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must 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.
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Under normal circumstances, they will not beat people, but it cannot be ruled out that some legally blind police officers in the police station who ignore the law will do some things to extract confessions by torture. If your loved one has no criminal record and there is no evidence that it was indeed him, he should be released within a maximum of 24 hours, otherwise it is a violation of the law.
If you don't do it, insist that you are innocent, and if things get complicated, consider hiring a lawyer!
Good luck!
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Most of the police officers who handle cases are law-abiding, and no, it is difficult to say that some of them are alone.
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Article 9 of the "Public Security Administration Punishment Law" The public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
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All right! If you don't detain, you don't have a criminal record.
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The public security organs have the right to conduct investigations and inquiries.
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If the public security bureau can't produce evidence, it's in vain. As long as you have a clear conscience, you don't need to be afraid.
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Stand firm in your adherence to the truth. Don't be afraid.
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Hurry up to the political office of the higher organ to complain.
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Go to the police station to file a complaint! Damn, a 78-year-old man is locked up in an interrogation room, what if he can't bear it, is that a place for people?
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