Is criminal summons compulsory?
The provisions on summoning in the Criminal Procedure Law of People's Republic of China (PRC) belong to the category of investigation measures, not compulsory measures. Therefore, criminal summoning is not a compulsory measure and has no effect of restricting personal freedom. Criminal summonses are not mandatory.
When summoning a criminal suspect, the summons notice and the investigator's work permit shall be presented. After the criminal suspect arrives at the case, he shall fill in the time of arrival in the summons notice.
If an illegal suspect who violates the administration of public security refuses to accept the summons or summons without justifiable reasons, the public security organ may compel the summons.
Whether it is mandatory or not is the essential difference between criminal summons and administrative summons. There are not many other compulsory measures in administrative cases, but there are many optional compulsory measures such as summons and detention in handling criminal cases, so it is not necessary to give criminal summons compulsory force.
When the criminal suspect refuses to sign the summons notice, the public security organ cannot solve it by indicating it. When the criminal suspect refuses to fill in the end time of interrogation on the summons notice, the public security organ can use the instruction method, and there is no provision that the criminal suspect can use the instruction method when he refuses to sign the summons notice. Refusing to sign means refusing to appear in court, and the criminal summons is invalid. Other measures that public security organs must take.
If compulsory summons is required, a petition report shall be filled in with relevant materials and submitted to the person in charge of the public security organ at or above the county level for approval.
When arresting a criminal suspect, the public security organ shall produce an arrest warrant and order him to sign and print his hand.
After the criminal suspect arrives at the case, he shall be ordered to fill in the time of the case on the detention certificate. After the detention is over, the detention end time shall be filled in the detention certificate. If the criminal suspect refuses to fill it out, the investigator shall indicate it on the detention certificate.
Legal basis: Article 78 of the Procedures for Handling Criminal Cases by Public Security Organs.
According to the circumstances of the case, the public security organ may summon the criminal suspect who needs to be summoned, or the criminal suspect who fails to appear in the case without justifiable reasons after being summoned, and may be summoned to the location of the city or county public security organ for interrogation.
If compulsory summons is required, a petition report shall be filled in with relevant materials and submitted to the person in charge of the public security organ at or above the county level for approval.
Book one
1, Lu Xun (1881-19360), formerly known as Zhou Shuren, is a tale