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12 legal knowledge you should know if you are taken away by public security personnel

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First, we must first understand the detention public security organs, is it a retention or cross-examination?

Second, we must immediately ask the public security organs whether the detained person is under criminal detention or is it a public security detention?

3. If it is a criminal detention, it must strive to obtain the Notice of Detention as soon as possible, because the Notice of Detention usually cites the suspect’s alleged crime.

Fourth, the jurisdiction of criminal cases?

V. Applying for bail pending trial and related regulations to the public security organ

6. The issue of hiring lawyers and related regulations and common sense

7. Under what circumstances can the suspect’s home be searched?

8. Can criminal suspects communicate?

9. How to help criminal suspects?

Ten, the property certificate, documentary card processing

11. The question of inquiring, freezing deposits and remittances.

12. How to identify the criminal suspects and the relevant provisions of the appraisal?


The following twelve key issues are explained in detail:

1 First of all, you must know from the public security organs that are detained or detained?

Litigation and detention are the acts of the public security organs to exercise their powers. The two are similar in behavior, that is, the police of the public security organs bring the suspects to the public security organs for cross-examination or interrogation. However, retention and interrogation are different in nature. Litigation is the act of the public security organ's police to exercise administrative power according to law in order to maintain social order, while the arrest is the behavior of the public security organ's police to exercise criminal prosecution in criminal proceedings. These two different behaviors are regulated by the Police Law and the Criminal Procedure Law. Since the Criminal Procedure Law is a law on criminal procedure, it only regulates the rights and obligations between the various subjects in the criminal proceedings, as well as the methods and methods of litigation, and the retention and interrogation is not a criminal proceeding. Therefore, The provisions of the Criminal Procedure Law are not binding on retention and cross-examination. When the public security organ's police maintain public security and perform official duties, they may, in accordance with the provisions of Article 9 of the Police Law, take no more than twenty-four hours from the time when the indicted person's retention time is brought to the public security organ. It can be extended to forty-eight hours with the approval of the public security organs at or above the county level, and there should be a cross-examination record. For approval of continuing cross-examination, the family member or their unit should be notified immediately. Those who do not approve to continue cross-examination should immediately release the interrogated person.

After continuing cross-examination, the public security organ believes that if the interrogated person needs to take detention or other compulsory measures according to law, it shall make a decision within the period stipulated in the preceding paragraph; if the above-mentioned decision cannot be made within the period stipulated in the preceding paragraph, the interrogated person shall be released immediately.

However, after the criminal case is filed, that is, after the case has entered the criminal procedure, it must be carried out in accordance with the provisions of the Criminal Procedure Law. The summons and detention shall not exceed 12 hours.

However, no matter whether it is a retention or cross-examination, the suspect may not be brought out of the city or county where the suspect is located. In this regard, the Ministry of Public Security "Procedures for the Handling of Criminal Cases by Public Security Organs" clearly stipulates that the execution of subpoenas and detentions shall be carried out in different places. The executives shall hold the "Subpoena Notice", the "Detention Card", the case cooperation letter and the work certificate, and cooperate with the county level. Contact the above public security organs. The public security organ in coordination shall assist the criminal suspect to be summoned, detained to the designated place in the city or county, or to the suspect's residence for interrogation.


2 Immediately ask the public security organs whether the detained person is in criminal detention or in public security detention?

Criminal detention is a kind of compulsory measures applied by public security organs and inspection organs to criminal suspects and current criminals in emergency situations. According to the provisions of the Criminal Procedure Law, public security organs and procuratorial organs have the right to decide on the right to detention, and public security organs have the right to enforce the right to detention.

If your family member or friend has not returned after 12 hours of detention (after 24 hours of inquisition), you should immediately ask the police whether the person in custody has been detained in criminal detention or in public order.

If it is a public security detention, then you should first be thankful, because fortunately, the security detention is generally no longer than 15 days. At the same time, the applicable object of public security detention is also a violation of public security violations.

In the case of criminal detention, there may be one or more of the following:

(1) Being prepared for a crime, committing a crime or being immediately discovered after a crime;

(2) The victim or the person who saw it on his own hand identified him as a crime;

(3) Finding evidence of crime at the side or at the place of residence;

(4) attempting to commit suicide, escape or flee after the crime;

(5) Having destruction, falsification of evidence or conspiracy;

(6) not telling the real name, address, and unidentified identity;

(7) There are major suspects of rogue crimes, multiple crimes, and gangs.

However, for detainees, the public security organs should conduct interrogation within 24 hours after detention. If it is found that it should not be detained, the “Notice of Release” shall be issued with the approval of the person in charge of the public security organ at or above the county level, and the detention center shall issue the “Declaration of Release” to the detainee with the “Notice of Release” and release it immediately.

After criminal detention, the Notice of Detention shall be made within 24 hours and served on the family or unit of the detainee. However, in any of the following circumstances, the approval of the person in charge of the public security organ at or above the county level may not be notified:

(1) The criminal suspect in the same case may escape, conceal, destroy or falsify evidence;

(2) not speaking the real name, address, and unidentified identity;

(3) Others that hinder investigation or are unable to notify.

After the above situation is removed, the family of the detainee or his unit shall be notified immediately.

For notices that are not notified within 24 hours, the reasons shall be indicated in the notice of detention.

In judicial practice, there are still many cases in which the family members of criminal suspects have not received the Notice of Detention. Except that there are very few police officers who handle the case, the mailing address provided by the suspect is unknown or refuses to provide actual information. The residential address is mostly unrecognizable.

Therefore, in the case of such a situation, it is best to take the initiative to contact the public security organ and ask that you do not mail the Notice of Detention. Instead, you or the relatives of the suspect should go directly to the public security organ for signing. Under normal circumstances, as long as they can prove that they are criminal The relatives or friends of the suspect, the public security organ will agree to this legitimate request.

It should be noted that if the suspect does not tell the real name, address and identity, if it is impossible to find out the approval for arrest within 30 days, the person in charge of the public security organ at or above the county level approves the detention period from the date of checking his identity. Calculate, but must not stop the investigation of its criminal conduct.

Cases with evidence of criminal facts may also be submitted for approval in accordance with their self-reported name.


3 In the case of criminal detention, it is important to obtain a Notice of Detention as soon as possible, as the Notice of Detention usually states the suspect’s alleged crime.

The most important factor affecting sentencing is the conviction (that is, the characterization of the criminal act). The crime often determines the scope of the criminal suspect's sentencing.

At the same time, according to the start time of the criminal suspect’s detention as stated in the Notice of Detention, the final deadline for the approval of the suspect’s arrest can be roughly judged.

For a suspect who is detained, if it is considered that an arrest is required, it shall be submitted to the People’s Procuratorate for examination and approval within three days after the detention. In special circumstances, the time for reviewing and approving arrests may be extended by one to four days upon approval by the person in charge of the public security organ at or above the county level.

For major suspects who commit crimes, commit crimes, and commit crimes, the time for review and approval may be extended to 30 days upon approval by the person in charge of the public security organ at or above the county level.

During this review period, the public security organ must make one of the following decisions.

(1) If an arrest is required, the arrest procedure shall be submitted in accordance with the law within the time limit for detention;

(2) Criminal responsibility shall be investigated, but if it is not necessary to arrest, the case shall be transferred directly to the People's Procuratorate after going through the bail pending trial or monitoring the residence procedures;

(3) If the facts of the crime cannot be ascertained within the time limit for detention, the case shall be investigated after the bail pending trial or the monitoring of the residence formalities;

(4) Cancellation of the case, release of the detainee, and issue of a release certificate. If it needs to be handled administratively, it shall be handled according to law.

If the public security organ or the procuratorate finds that the criminal suspect has taken mandatory measures beyond the statutory time limit, the criminal suspect, the defendant and its legal representative, close relatives or criminal suspects, the lawyers and other defenders entrusted by the defendant have the right to request the lifting. Mandatory measures. The people's court, the people's procuratorate or the public security organ shall release the criminal suspects or defendants who have been taken compulsory measures beyond the statutory time limit, release the bail pending trial, monitor the residence or change the compulsory measures according to law.


4 Jurisdiction in criminal cases?

After understanding the above situation, it is first necessary to determine whether the public security organ or the procuratorate that takes the compulsory compulsory measures of the criminal suspect has jurisdiction over the case. Because the case is subject to the jurisdiction of the public security organ or the procuratorate, the actual location of the suspect (the detention center) will be directly determined. Under normal circumstances, in China, public security organs have corresponding places of detention. For example, if a case is under the jurisdiction of Shanghai Pudong New Area Public Security Bureau, criminal suspects will generally be detained in the Pudong New Area Detention Center. The people will also be prosecuted by the People's Procuratorate of Pudong New Area, and will be tried and judged by the Pudong New Area People's Court. (If it is a major criminal case, the first branch of the Shanghai People's Procuratorate will initiate a public prosecution, and the Shanghai No. 1 Intermediate People's Court will hear and judge.) Of course, it also determines the prisons where the criminal suspects are reformed after being sentenced.

At the same time, although China does not give judicial power to the higher people's courts, because the criminal cases are very complicated, the provinces (municipalities and autonomous regions) have certain standards for the sentencing of the same crime in the jurisdiction, so the provinces (municipalities and autonomous regions) It is still necessary and at the same time to introduce some treatment opinions applicable to the province (city, autonomous region). Therefore, the criminal trial courts of the higher people's courts in many provinces will issue some minutes of meetings or handle opinions to guide the criminal trial work in the province. However, there are sometimes significant differences between the provinces in the sentencing of crimes under the same crime.

Therefore, if possible, it should still try to make the case of the suspect in custody and trial in the province that is most beneficial to him.

The following is a brief introduction to the provisions governing the criminal case:

According to the provisions of the Criminal Procedure Law on the division of labor in criminal cases, in addition to corruption and bribery crimes, crimes of dereliction of duty of state organs, illegal detention by state organs, use of powers, confessions by torture, violent forensics, retaliation, illegal searches Crimes of personal rights and crimes against citizens’ democratic rights, supervisors beaten, corporal punishment of crimes committed by the supervisors, crimes of military personnel violating duties, other major crimes committed by the staff of state organs approved by the people’s procuratorates at or above the provincial level In addition to cases and private prosecution cases, other criminal cases are under the jurisdiction of public security organs.

If a criminal case with evidence proved by the people directly accepted by the people's court dismissed the private prosecution due to insufficient evidence and can be accepted and transferred by the public security organ, the public security organ shall accept it.

Criminal cases are under the jurisdiction of the public security organs of the crime area. If the public security organ of the criminal suspect’s place of residence is more appropriate, it may be under the jurisdiction of the public security organ where the criminal suspect resides.

Criminal cases that are authorized by several public security organs are under the jurisdiction of the public security organs that were originally accepted. If necessary, it may be under the jurisdiction of the public security organ of the main criminal place.

For criminal cases with unclear jurisdiction, the relevant public security organs may determine the jurisdiction through consultation.

Criminal cases with jurisdictional or special circumstances may be designated by a common higher-level public security organ.

The county-level public security organs are responsible for investigating criminal cases that occur in their respective jurisdictions; public security organs at or above the local (city) level are responsible for the investigation of major foreign-related crimes, major economic crimes, major group crimes, and major criminal cases where subordinate public security organs detect difficulties.

The jurisdiction of criminal cases within public security organs shall be determined in accordance with the establishment of criminal investigation agencies and their division of responsibilities.

Criminal cases in the railway, transportation, civil aviation system organs, factories, sections, hospitals, schools, institutes, teams, work areas, etc., in the station, port, dock, airport work area and in the trains, ships, civil aviation aircraft Cases, criminal cases at railway construction sites, theft along railways or waterways, or criminal cases that disrupt railways, waterways, communications, power lines and other important facilities, as well as internal employees performing tasks on railways and traffic lines. The cases were under the jurisdiction of the railway, traffic and civil aviation public security organs of the case.

The public security organs of the forestry system are responsible for the investigation of criminal cases such as illegal logging, deforestation, and terrestrial wildlife and rare plants in their jurisdictions; the forestry public security organs in large-scale forest areas are also responsible for the investigation of other criminal cases within their jurisdiction. Where no special forestry public security organ is established, it shall be under the jurisdiction of the local public security organ.

When a criminal case investigated by a public security organ involves a case under the jurisdiction of the People's Procuratorate, the criminal case under the jurisdiction of the People's Procuratorate shall be transferred to the People's Procuratorate. If the suspected main crime is under the jurisdiction of the public security organ, the public security organ shall investigate it mainly; if the suspected main crime belongs to the jurisdiction of the people's procuratorate, the public security organ shall cooperate.

The division of jurisdiction between public security organs and the military in criminal cases involves the following:

(1) If a military commits a crime at a locality, the local public security organ shall promptly hand over to the military security department for investigation.

(2) If a local person commits a crime in an army camp, the military security department shall transfer it to the public security organ for investigation.

(3) Where military personnel and local personnel jointly commit crimes in the military camp, the military security department shall be the main organization for investigation, and the public security organs shall cooperate; if they jointly commit crimes at the local level, the public security organs shall be the main organization for investigation and the military security department shall cooperate.

(4) If an active service soldier commits a crime at a local place before he joins the army, he shall be investigated for criminal responsibility according to law, and the public security organ shall investigate and cooperate with the military security department.

(5) After the military retired from active service, it was found that it committed crimes in the military camp during the service period. If the criminal responsibility should be investigated according to law, the military security department shall investigate and the public security organs cooperate.

(6) After the military retired from active service, the criminals who committed the case on the way out of the team and the recruits who have been approved to join the military and have not yet completed the handover procedures with the military shall be investigated by the public security organ.

(7) The militia weapons warehouses and military units that are under the management of the local human and military departments are handed over or leased to the military units, camps, warehouses, airports, docks, and military quarters where military and local personnel are mixed. Cases involving non-infringement of military interests and military rights and interests shall be investigated by the public security organs and coordinated by the military security department.

(8) Cases in which the military is registered in the administrative department for industry and commerce, enterprises, factories, mines, hotels, restaurants, theaters, and joint ventures run by the military and local enterprises are investigated by the public security organs and coordinated by the military security department.

In handling criminal cases involving public security organs and the military, the public security organs and the relevant military security departments shall promptly communicate with each other, strengthen cooperation and close cooperation; and shall have joint research and negotiation on disputed cases, and may be coordinated by the higher authorities of the two parties if necessary. .

The term "military personnel" as used in this Article refers to the active servicemen, the army's staff members, and the retirees and retirees who are managed by the military.

The jurisdictional division of criminal cases involving public security organs and armed police forces is handled in accordance with the principle of division of labor between public security organs and military criminal cases.

Public security organs shall be under the jurisdiction of the public security frontier, fire, and security departments of the armed police force sequence, as well as criminal cases of armed police personnel of gold, transportation, water and electricity, and forestry forces.


5 Applying for bail pending trial to the public security agency

The guarantor pending trial refers to the people's court, the people's procuratorate, and the public security organ ordering the criminal suspect or the defendant to pay the deposit or provide the guarantor, and issue a pledge to ensure that it does not evade or hinder the investigation, prosecution, and trial. Measures.

Objectively speaking, after the criminal suspect is detained, the behavior that should be considered and most worth the time and effort is to be released on bail.

Conditions for the guarantor pending trial:

(1) It may be sentenced to control, criminal detention or independent application of additional punishment;

(2) It may be sentenced to a sentence of imprisonment or more, and shall be punished for trial and shall not cause social danger;

(3) The suspect who should be arrested has a serious illness, or is a woman who is pregnant or breastfeeding her infant who is under one year of age;

(4) For criminal suspects in custody, the evidence does not meet the conditions for arrest;

(5) After the arrest is filed, the procuratorate does not approve the arrest and needs to review and review it;

(6) The case in which the criminal suspect is detained cannot be settled within the statutory time limit and needs to continue to be investigated;

(7) After the transfer of the indictment, the procuratorate decides not to prosecute and needs to review and review it.

At the same time, it is stipulated that the case of waiting for trial may not be released: the criminal suspect of a recidivist or a criminal group, a criminal suspect who evades investigation by self-injury or self-injury, a criminal suspect of crimes against national security, violent crimes, and other serious crimes, may not be released on bail pending trial. .

The time for replying from the detention agency after applying for bail pending trial: If the criminal suspect who is detained and his legal representative, close relatives, or suspected criminal suspect apply for bail pending trial, he shall submit it in writing. After receiving the application, the public security organ shall give an agreement or disagreement within seven days. If you agree to the bail pending trial, you shall go through the procedures for obtaining the bail pending trial according to law; if you do not agree to the bail pending trial, you shall notify the applicant in writing and explain the reasons.

If a criminal suspect needs to be released from bail pending trial, he shall produce a "Report for Petition and Pending Waiting for Trial", indicating the reasons for the bail pending trial and the method of guarantee to be taken, and the approval of the person in charge of the public security organ at or above the county level, and issuing the "Decision of Waiting for Bail". The "Decision for Awaiting Trial" shall be read out to the criminal suspect, signed (sealed by the criminal suspect), and fingerprinted.

Guarantee of the guarantor pending trial: If the public security organ decides to release the suspect for bail pending trial, it shall order the criminal suspect to file a guarantor or pay a deposit.

The same criminal suspect may not be ordered to submit a guarantor and pay a deposit. If the criminal suspect who meets the conditions for bail pending trial neither pays the deposit nor guarantees the guarantor, he may monitor the residence.

If the guarantor is guaranteed, the guarantor must meet the following conditions and be examined and approved by the public security organ:

(1) has no connection with the case;

(2) having the ability to perform the guarantee obligation;

(3) enjoying political rights and personal freedom is not restricted;

(4) There is a fixed residence and income.

The guarantor shall perform the following obligations:

(1) Supervising the guarantor to comply with the provisions of Article 86 of these Provisions;

(2) If it is found that the guarantor may have occurred or has violated the provisions of Article 86 of these Provisions, it shall promptly report to the public security organ that performs the guarantor pending trial.

The guarantor shall fill out the "guarantee" and sign or seal the "guarantee". If the guarantor violates the regulations that should be complied with, if the guarantor fails to report in time, the public security organ shall verify the facts, and the approval of the person in charge of the public security organ at or above the county level shall issue a "Decision on the guarantor's fine" and impose a fine on the guarantor; if it constitutes a crime, it shall be investigated according to law. criminal responsibility.

The public security organ shall announce to the guarantor, and inform the guarantor that if it is dissatisfied with the fine, it may apply to the public security organ for review once within five days from the date of receipt of the "Decision of the guarantor's fine".

The public security organ at the next higher level shall make a decision within seven days from the date of receipt of the application for review. Where the higher-level public security organ revokes or changes the fine, the lower-level public security organ shall execute it.

If the guarantor is guaranteed by the guarantor, if the guarantor changes during the guaranty pending trial and is unwilling to continue the guarantee or lose the guarantee condition, the suspect shall be ordered to re-submit the guarantor or pay the deposit.

If the criminal suspect is ordered to pay the deposit, it shall be subject to strict examination and approval to the person in charge of the public security organ at or above the county level for approval.

If the criminal suspect is ordered to pay a higher amount of deposit, it shall be approved by the person in charge of the public security organ at or above the city level.

The amount of the deposit shall be determined comprehensively based on the level of local economic development, the economic status of the suspect, the nature of the case, the circumstances, the social harmfulness, and the severity of the sentence.

The deposit shall be paid in the form of RMB or a currency that can be exchanged at a Chinese financial institution.

The deposit shall be paid by the criminal suspect or his relatives, legal representatives and units to the bank account designated by the public security organ.

It is strictly forbidden to intercept, sit, misappropriate or misappropriate the deposit in any other form.

When the public security organ informs the criminal suspect to pay the deposit, it shall inform the rules that it must abide by and the consequences that it should bear in violation of the regulations.

If the criminal suspect violates the relevant regulations during the bail pending trial, the public security organ shall decide to confiscate part or all of the deposit according to the circumstances of its illegal acts, and, in case of difference, order it to be repented, repay the deposit, propose a guarantor, or change to surveillance. Or ask the People’s Procuratorate to approve the arrest.

If it is necessary to confiscate the deposit, it shall be subject to strict examination, and it shall be reported to the person in charge of the public security organ at or above the county level for approval, and the "Decision of Forfeiture Margin" shall be issued.

If it is decided to confiscate a higher amount of deposit, it shall be approved by the person in charge of the public security organ at or above the city level.

For the decision to confiscate the deposit, the public security organ shall read the suspect to the suspect within seven days, and order it to sign (seal) and seal the fingerprint on the "confiscation of the deposit decision"; if the suspect is at large, the suspect shall be The family member, legal representative or unit announces and asks the family member, legal representative or the person in charge of the unit to sign or seal the "Decree of Margin Decision".

Where a criminal suspect or his family, legal representative or unit responsible person refuses to sign or seal, the public security organ shall indicate it on the "Confiscation of the Guaranteed Deposit".

When the public security organ reads out the "Decision of Confiscation Margin" to the suspect, it shall inform the public that it is dissatisfied with the decision to confiscate the deposit, and may apply for a review by the public security organ at the next higher level within five days.

The public security organ at the next higher level shall make a decision within seven days from the date of receipt of the application for review. Where the higher-level public security organ revokes or changes the decision to confiscate the deposit, the lower-level public security organ shall execute it.

After the decision to confiscate the deposit of the criminal suspect has passed the review period or after review, the public security organ shall promptly notify the designated bank to transfer the deposit forfeited to the state treasury in accordance with the relevant provisions of the State.

If the criminal suspect does not violate the above provisions during the bail pending trial, the public security organ shall refund the deposit to the criminal suspect at the same time as the bail pending trial.

If it is decided to return the deposit, it shall be subject to strict examination, and it shall be reported to the person in charge of the public security organ at or above the county level for approval, and the "Decision Margin Decision" shall be issued.

After the public security organ decides to return the deposit of the criminal suspect, it shall, at the same time as lifting the bail pending trial of the criminal suspect, notify the designated bank to refund the deposit to the criminal suspect, and the criminal suspect shall be in the "Return Margin Decision". Signature (seal), fingerprints.

Criminal suspects who are released on bail must comply with the following regulations:

(1) Not leaving the city or county where they live without the approval of the executive organ;

(2) arriving in time at the time of the communication;

(3) It shall not interfere with witnesses' testimony in any form;

(4) Do not destroy, falsify evidence or provide for confession.

Where the public security organ decides to obtain a bail pending trial, it shall promptly notify the criminal suspect's place of residence to execute the police station.

Where the people's court or the people's procuratorate decides to obtain the guarantor pending trial, it shall handle the case differently: if the guarantor guarantees, the county-level public security organ responsible for enforcement shall, after receiving the legal documents and relevant materials, verify the guarantor pending trial and promptly designate the suspect. The defendant’s place of residence shall be executed by the police station; if the security guarantee is adopted, the county-level public security organ responsible for enforcement shall, after receiving the legal documents and relevant materials, promptly notify the bail-out waiting person to pay the deposit and designate the criminal suspect and the defendant’s place of residence. carried out.

If the insured person or the guarantor violates the provisions to be complied with, the public security organ at or above the county level shall decide to confiscate the deposit or impose a fine on the guarantor, and promptly notify the original decision-making authority to obtain the guarantor.

Where the people's court or the people's procuratorate decides to cancel or change the guarantor pending trial, the public security organ shall, according to the decision of the people's court or the people's procuratorate, release the guarantor pending trial and return the deposit.

Criminal suspects and defendants who are released on bail shall not leave the city, county or residence where they live without proper reasons. If there is a legitimate reason to leave the city or county where they live, they shall report to the county-level public security organ for execution of the bail pending trial. Where the people's court or the people's procuratorate decides to obtain a bail pending trial, the public security organ shall obtain the consent of the original decision-making organ before making a decision.

Perform the duties of the bail pending trial police station:

(1) Supervising and inspecting suspects and defendants to abide by relevant regulations;

(2) Supervising the guarantor to perform the guarantee obligation;

(3) If the criminal suspect or the defendant violates the provisions to be complied with and the guarantor fails to perform the guarantee obligation, it shall promptly inform the decision-making organ;

(4) Notifying the original decision-making authority before the expiration of the time limit for the guarantor pending trial.

The police station that performs the bail pending trial shall order the criminal suspects and defendants who are released on bail to report the situation regularly and make a transcript.

The public security organ shall not interrupt the investigation of the case while the bail is pending, and the criminal suspect who is on bail pending trial shall change the compulsory measures or cancel the bail pending trial according to the change of the case.

The maximum period of bail pending trial shall not exceed twelve months.

If it is necessary to release the bail pending trial, the original decision-making authority shall make a decision and notice for the release of the bail pending trial and serve it on the executive. The executive organ shall promptly notify the person awaiting trial and the guarantor.


6 Hiring a lawyer

In China, the recruitment of lawyers in criminal cases has become the best choice for the families of criminal suspects to protect and realize the rights and interests of criminal suspects. Due to space limitations, in this article, only a brief overview of the role of lawyers after the suspect is suddenly detained.

6.1 Time for hiring a lawyer: The criminal suspect may, after the first interrogation by the investigating agency or take enforcement measures, may hire a lawyer to provide legal advice, proxy appeal, and complaint. If the suspect is arrested, the lawyer hired may apply for a bail pending trial. In cases involving state secrets, criminal suspects who hire lawyers shall be approved by the investigating authorities.

The entrusted lawyer has the right to know the suspect’s suspected crimes from the investigating agency, and can meet with the criminal suspect in custody and learn about the case from the suspect. The lawyers met with the suspects in custody, and the investigating authorities could send personnel to be present according to the circumstances and needs of the case. In cases involving state secrets, lawyers who meet with criminal suspects in custody shall be approved by the investigating authorities.

Lawyers mainly play a role in the public security stage.

1. Meet the suspect.

2. Providing legal advice to criminal suspects

3. On behalf of applying for bail pending trial or assisting in the bail pending trial.

4, proxy complaints and complaints

The role of each aspect and related regulations are briefly described below:

6.2. The primary duties of the lawyer:

6.2.1 After accepting the entrustment, the contractor shall contact the investigating agency in time, submit the “Power of Attorney” and the law firm's letter to him, and present the lawyer's practice certificate.

6.2.2 The contractor shall know the suspect's suspected crimes from the investigating agency and promptly submit the specific requirements for meeting the suspect.

6.3 Meet the suspect

6.3.1 Lawyers meeting with suspects who are not in custody may conduct at their residence, unit or law firm. Others should not be present during the meeting.

The suspect is a minor or blind, deaf or dumb. The legal representative or close relatives of the lawyer should be present at the meeting.

6.3.2 Lawyers meet with suspects who are under surveillance and do not need to be approved.

6.3.3 For cases that do not involve state secrets, the lawyer who proposes to meet with the suspect in custody does not need to be approved. The lawyer has the right to request the investigating organ to arrange a meeting within forty-eight hours. For the organization, leadership, participation in the crimes of organized organizations, organization, leadership, participation in terrorist activities or smuggling crimes, drug crimes, corruption and bribery crimes, and other major and complex cases of joint crimes involving two or more people, lawyers who meet with suspects, Arrangements should be arranged within five days. The investigating agency may send personnel to be present according to the circumstances of the case and needs. If the investigating organ does not arrange to meet in accordance with the law, the lawyer has the right to report to the relevant department and request correction.

6.3.4 For cases involving state secrets, lawyers who meet with suspects in custody should submit a written application to the investigating agency and be approved. If the investigating organ does not approve the meeting, the lawyer shall require him to issue a written decision; if it is not the case or the nature of the case itself involves state secrets, the lawyer may file a reconsideration or report it to the relevant department.

6.3.5 The lawyer shall meet with the suspect in custody and shall carry the following documents:

(1) A special letter issued by a law firm to meet the suspect;

(2) The lawyer's lawyer's practice certificate;

(3) The Power of Attorney signed by the client.

6.3.6 When a lawyer meets a suspect in custody, he or she should first consult his or her opinion on hiring a lawyer. If the criminal suspect agrees, he shall be required to sign and confirm the Power of Attorney; if he does not agree, he shall be required to express his opinion in writing.

6.3.7 When a lawyer meets a suspect, he or she can learn about the following cases:

(1) The natural circumstances of the criminal suspect;

(2) Whether to participate in and how to participate in the suspected case;

(3) The main facts and circumstances involved in the conviction and sentencing or the acquittal;

(4) Whether the procedure for taking enforcement measures is legal, whether the procedures are complete, and whether the personal rights and litigation rights are violated;

(5) Whether there are other illegal acts in the investigation activities;

(6) Other situations that need to be understood.

6.3.8 When a lawyer meets a criminal suspect, he shall abide by the relevant provisions of the prison in accordance with the law, and shall not arbitrarily deliver the goods to the criminal suspect, or create a condition for the criminal suspect to be confessed by transmitting the letter, and may not lend the communication tool to the criminal suspect. No other activities that violate the law may be carried out.

6.3.9 When a lawyer meets a criminal suspect, he shall make a meeting record and submit the suspect to read or read it to the suspect. If the record is missing or wrong, the suspect should be allowed to supplement or correct it. After the suspect has confirmed it, he is required to sign the transcript.

The lawyer meets the suspect and can record, video, take photos, etc., but the suspect should be approved beforehand.

At the time of the meeting, the investigating agency shall be present in the transcript.

6.3.10 Lawyers may decide to meet the time and number of suspects in custody according to the circumstances and needs of the case and ask the investigating organ to make arrangements. The lawyer met with the suspect and was not subject to unlawful interference.

6.4 Providing legal advice to criminal suspects

When a lawyer meets a suspect, he or she can provide the following legal advice:

(1) The legal requirements for the conditions, time limit and applicable procedures of the compulsory measures;

(2) The legal provisions concerning the withdrawal of investigators, procurators and judicial personnel;

(3) The criminal suspect has the obligation to answer the question of the investigator truthfully and has the right to refuse to answer the questions unrelated to the case in a timely manner;

(4) The right of the criminal suspect to write the confession by himself, the right to check, supplement, correct, and attach the transcript of the interrogation made by the investigator and the obligation to sign or seal it after acknowledging that the transcript is correct.

(5) The criminal suspect requests the investigating organ to inform the applicant of the appraisal conclusion used as evidence, and apply for additional appraisal or re-evaluation;

(6) The right of defense of the criminal suspect;

(7) The right of appeal and the right to sue of the criminal suspect;

(8) The relevant provisions of the Criminal Law on the suspected criminal suspects;

(9) Criminal law on surrender, meritorious service and other relevant provisions;

(10) Legal provisions governing the jurisdiction of criminal cases;

(11) Other relevant legal issues.

6.5 Apply for bail pending trial for criminal suspects

If a lawyer applies for a bail pending trial for a criminal suspect, he shall submit an application to the relevant authority. The application should state the facts, reasons and guarantees of the application, and indicate the name of the law firm, the name of the lawyer, the address of the communication and the contact method.

Lawyers should not be guarantors for criminal suspects.

After applying for bail pending trial, the lawyer shall request the investigating organ to give an agreement or disagreement within seven days. For those who do not agree to the bail pending trial, the lawyer has the right to ask for reasons for disagreement and may file a reconsideration or report to the relevant department.

6.6 Agent complaints and complaints

6.6.1 After the lawyer understands the case, he believes that the criminal suspect does not constitute a crime, is suspected of being improperly accused, or has not been investigated for criminal responsibility as stipulated in Article 15 of the Criminal Procedure Law, he may act on behalf of the criminal suspect to appeal to the relevant organ. Request to correct it.

6.6.2 If the lawyer finds that the investigating organ has infringed on the personal rights, litigation rights or other lawful rights and interests of the criminal suspect, or finds improper jurisdiction, illegal search, seizure and other violations of the law, he may act on behalf of the suspect to lodge a complaint with the relevant department. .


7 Under what circumstances can the suspect’s home be searched?

According to the provisions of the Criminal Procedure Law of China, only the investigators of public security organs or procuratorial organs can conduct searches only after presenting the search warrants to the searched persons. Other personnel, or investigators, are illegally searched without presenting a search warrant.

Security personnel are not part of the national staff. They only provide security services in exchange for labor compensation according to the principle of equal pay and compensation in the civil law. They only have the legal rights of ordinary citizens and have no right to search other people's personalities.


8 Can criminal suspects communicate?

According to the law: after a criminal suspect is detained, no organization or individual may infringe the citizen for any reason except for the national security or the need to investigate criminal offences, and the public security organ or the procuratorate checks the communication in accordance with the procedures prescribed by law. Communication freedom and communication secrets. The detention center accepts the entrustment of the case-handling unit, and can inspect the letters sent by the detainees. If it finds that it hinders the investigation, prosecution and trial, it can be detained and handed over to the case handling agency. However, in judicial practice, the letter of the suspect or the sending of a letter to the suspect is usually difficult to appear in the hands of the recipient before the case is valid. Therefore, if you must send a letter, then it is recommended to write two kinds. 1. If you want to wait for the bail pending trial or make a judgment after it takes effect, let the recipient see it. This kind of letter can do what you think and write what you think. 2. If it is hoped that the suspect will immediately see it, or if the suspect wants to be seen immediately by relatives and friends, then it is better to be as short as possible, straightforward and clearly stated. In this way, if it is not related to the case, the probability that the criminal suspect will see the letter will increase greatly.


9 How to help criminal suspects?

Due to sudden incidents, in general, after the suspect is clearly detained, he or she will need to be assisted by the family immediately, so that the suspect can live relatively comfortably in the place of detention (the detention center). This is also the main way for detainees to feel the love of relatives and friends outside the detention center. However, in many provinces in China, there are many specific rules on how to help criminal suspects. In Shanghai, for example, the general detention center requires that the stipulations that must be sent by the detention center at the request of the suspect can pay the relevant money to the detention center. Things. The author found a relatively good way, that is, it was sent directly by post, and the general detention center would transfer it to the detainees. Need to be specially reminded: in order to facilitate management, the clothing must be free of metal zippers, metal buttons, etc. If the clothing has the above conditions, the guards will usually be removed, making the clothes very inconvenient to wear, so it is best to help the clothes. It is elastic.


10 arbitrage certificate, documentary card processing

Articles and documents found in investigations and searches that can be used to prove that a criminal suspect is guilty or not guilty shall be seized; but articles and documents not related to the case shall not be seized.

For items and documents unrelated to the case that have to be seized when the suspect is suddenly detained, it can be extracted from the detention center by the person in charge of the public security organ or by hiring a lawyer.

If the holder refuses to surrender the articles or documents that should be seized, the public security organ may impose the seizure.

Where it is necessary to seize articles or documents during on-site investigation or search, it shall be decided by the on-site commander.

The number of investigators who carry out the seizure of articles and documents shall not be less than two, and shall hold relevant legal documents or work documents of investigators.

For the seized articles and documents, it shall be checked with the witnesses present and the holders of the seized articles and documents. The “List of Detained Items and Documents” shall be published in triplicate, indicating the name, serial number and specifications of the articles or documents. The quantity, weight, quality, characteristics and sources are signed or sealed by the investigators, witnesses and holders, and one is handed over to the holder and one is handed over to the public security organ's custodians.

For articles and documents that should be seized but are inconvenient to be taken, after being photographed or videotaped, they may be handed over to the holder of the seized article for safekeeping or storage, and separately issued a list of "detained articles and documents" in duplicate, indicating that they have been photographed on the list. Or the video, the holder of the article or document shall be kept in a safe place, shall not be transferred, sold or damaged, signed or sealed by the investigator, witness and holder, one handed to the article, the holder of the document, and the other together Photo or video tape is attached for reference.

The seizure of the suspect’s e-mail, e-mail or telegram shall be approved by the person in charge of the public security organ at or above the county level, and a notice of seizure shall be issued to notify the postal and telecommunications department or the network service unit to seize the seizure.

When it is not necessary to continue the seizure, it shall be approved by the person in charge of the public security organ at or above the county level, issue a notice of lifting the seizure, and immediately notify the post and telecommunications department or the network service unit.

Articles, documents, e-mails, e-mails and telegrams seized shall be assigned to be properly kept and shall not be used, exchanged, damaged or disposed of by themselves. If it is found that the case is unrelated to the case, it shall be released within three days, and the owner or the original postal and telecommunications department or network service unit shall be returned.

For physical evidence that cannot be transferred with the case, it shall be photographed; physical evidence and documentary evidence that are easily damaged or deteriorated shall be preserved by means of transcripts, drawings, photographs, videos, and models.

For recordings, video tapes, and electronic data storage media that can be used as evidence, the case, object, content, time, place, specification, category, application length, file format and length of the case shall be recorded and properly kept.

The following items and documents that are not suitable for transfer with the case shall not be kept with the originals, but they shall be photographed and stored in the volume. The originals shall be properly kept by the public security organ or transferred to the competent department for handling or destruction in accordance with relevant state regulations:

(1) obscene articles;

(2) Weapons, ammunition, controlled knives, flammable, explosive, highly toxic, radiation and other dangerous goods;

(3) Drugs and manufacturing raw materials or preparations and controlled drugs such as opium, heroin, morphine, ice, and marijuana;

(4) Leaflets, slogans, letters and other publicity materials that endanger national security;

(5) Secret documents and graphic materials;

(6) precious cultural relics, precious animals and their products, rare plants and their products;

(7) Other large items that are inconvenient to carry.

For items that are perishable and deteriorated, and other items that are difficult to keep safe, they may be approved by the person in charge of the public security organ at or above the county level according to the specific circumstances. After photographing or video recording, entrust the relevant departments to sell, auction, sell, auction, and temporarily save the price. After processing together. After the victim is notified, if it is received in the future for more than half a year, it will be confiscated and turned over to the state treasury. If there are special circumstances, it may be postponed as appropriate. Any stolen goods that have been sent to the financial department for treatment shall be returned if they are claimed by the owner and verified by the original confiscation authority. If the original has been sold, the price should be refunded.

The property and the suffocation of the suspect’s illegal income shall be recovered according to law.

The legal property of the victim and its suffocation shall be returned in time after registration, photographing or video recording, and the reason for the return shall be indicated in the file, and the original photo, list and the collection procedure of the victim shall be kept for reference.

The property of the criminal suspects seized and their suffocation shall be kept in good faith for verification. No unit or individual may misappropriate, damage or dispose of it on its own.

In the property of the seized criminal suspect and its asphyxiation, the physical object used as evidence shall be transferred with the case; if it is not suitable for transfer, its list, photo or other supporting documents shall be transferred with the case. After the people's court makes an effective judgment, the detained public security organ shall, in accordance with the notice of the people's court, turn over to the state treasury or return the victim, and send an execution receipt to the people's court.

When the case is changed, the property related to the case and its asphyxiation shall be handed over with the case.

When handing over property, the person receiving the transfer and the transferee will check it out in person and sign or seal it on the transfer document.


11 Query, freeze deposit, remittance

According to the needs of investigating crimes, the public security organs may inquire and freeze the deposits and remittances of criminal suspects in accordance with regulations.

Inquiries to banks or other financial institutions, post and telecommunications departments for deposits and remittances of criminal suspects shall be subject to the approval of the person in charge of the public security organ at or above the county level to produce a Notice of Deposits and Remittances, and notify the bank or other financial institutions, post and telecommunications departments.

If it is necessary to freeze the deposits or remittances of suspects in banks or other financial institutions, post and telecommunications departments, they shall, with the approval of the person in charge of the public security organs at or above the county level, make a Notice of Freezing Deposits and Remittances, and notify the bank or other financial institutions, post and telecommunications departments. carried out. )

When it is not necessary to continue to freeze the deposits and remittances of criminal suspects, it shall make a Notice of Unblocking Deposits and Remittances, and notify the bank or other financial institutions, post and telecommunications departments to implement them.

If the deposit or remittance of the suspect has been frozen, it shall not be repeated.

The period for freezing deposits is six months. If there are special reasons that need to be extended, the public security organ shall apply for the cessation of freezing before the expiration of the freezing period. The maximum duration of each renewal is not more than six months. If the procedures for continuing the freezing are not processed within the time limit, it shall be deemed to be automatically revoked.

For frozen deposits and remittances that are unrelated to the case, they shall notify the original bank, other financial institutions, post and telecommunications departments to release the freeze within three days, and notify the owner of the frozen deposit and remittance.

For the death of a criminal suspect in the investigation, the deposit or remittance of the criminal suspect shall be confiscated or returned to the victim according to law, and the bank may be applied to the decision of the people's court to freeze the deposit, remittance of the bank, other financial institutions or the postal and telecommunications department. Or return the victim.

For the levy of freezing in banks, other financial institutions or post and telecommunications departments, the people's court shall transfer the documents issued by the bank, other financial institutions or the post and telecommunications department to the people's court, and the people's court shall notify the bank after the effective judgment is made by the people's court. Other financial institutions or postal and telecommunications departments turn over the state treasury.


12 Identification of suspects?

In order to ascertain the merits of the case and solve some specific problems in the case, it is necessary to assign and hire persons with qualifications for identification. The scope of identification includes criminal technical appraisal, medical appraisal of personal injury, medical appraisal of mental illness, price identification of seized articles, identification of cultural relics, identification of rare animals and plants and their products, identification of contraband and dangerous goods, and identification of electronic data.

The scope of criminal technical appraisal must be related to the identification of the case, documents, electronic data, traces, person, body and so on.

The criminal technical appraisal shall be carried out by the criminal technical department of the public security organ at or above the county level or other full-time personnel.

If you need to hire someone with specialized knowledge to conduct the appraisal, you should make an "employment book" after approval by the person in charge of the public security organ at or above the county level.

The public security organ shall provide the necessary conditions for the appraiser to conduct the appraisal, promptly send the original materials such as the relevant materials and comparison samples to the appraisers, introduce the conditions related to the appraisal, and clearly ask the questions to be solved, but not imply or force the appraisers to make Some kind of identification conclusion.

The appraisers shall use scientific methods for appraisal according to the appraisal rules. After the appraisal, an appraisal conclusion shall be issued, and more than two appraisers with qualifications shall sign or seal.

The medical appraisal of personal injury is controversial and requires re-identification or medical evaluation of mental illness, which is carried out by a hospital designated by the provincial people's government. After the appraiser has made the appraisal, the appraisal conclusion shall be written and signed by the appraiser, and the hospital shall be stamped with the official seal.

The case handling department or investigator believes that the appraisal conclusion is inaccurate or has errors. It can be supplemented or re-appraised by the person in charge of the public security organ at or above the county level.

The public security organ shall inform the criminal suspect and the victim of the identification conclusion used as evidence. If the criminal suspect or the victim has an application for objection to the appraisal conclusion, it may be supplemented or re-appraised after approval by the person in charge of the public security organ at or above the county level.

For re-identification, an appraiser should be appointed or hired separately.

When the criminal technical appraisal conclusion needs to be sent to the criminal technical department of the higher-level public security organ for review, it shall send the appraisal and comparison sample, the original appraisal book or the inspection report, and explain the reasons and requirements for the review.

The time for the criminal suspect to be diagnosed as a psychiatric illness shall not be counted in the time limit for handling the case, and other appraisal time shall be included in the time limit for handling the case.

For cases that have not been identified for a long period of time and cannot be terminated at the expiration of the time limit for processing, from the date of expiration of the time limit, the compulsory criminal suspects shall be changed to compulsory measures and replaced with bail pending trial or surveillance.

After understanding the above legal knowledge, then the most important thing is to maintain a better mentality. On the one hand, I believe that the general public security organs will not detain criminal suspects for no reason, on the other hand, they must actively take legal measures to maximize maintenance. The legitimate rights and interests of criminal suspects. At the same time, there should be no "indiscriminate medical treatment". It is best to contact the public security organs directly or entrust a lawyer to exercise the corresponding rights in accordance with the law.



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