1. What is the process of arresting criminal suspects?
According to the relevant provisions of China's Criminal Procedure Law, when the public security organs arrest criminal suspects, they must first obtain the consent of the procuratorial organs before they can arrest them.
The process of arresting a criminal suspect is as follows:
1. For a criminal suspect or defendant whose arrest is approved or decided by the people's procuratorate, the person in charge of the public security organ at or above the county level shall issue an arrest warrant and execute it immediately.
2. There shall be no less than two people who carry out the arrest. When an arrest is made, the arrested person must be shown an arrest warrant and ordered to sign (seal) the arrest warrant or press his fingerprint. If the arrested person refuses to sign or fingerprint the arrest warrant, it shall be noted on the arrest warrant.
3. After a criminal suspect or defendant is arrested, the public security organ that applied for approval of the arrest, the people's procuratorate that approved the arrest or decided to arrest, and the people's court that made the arrest decision shall conduct interrogation within 24 hours. If it is found that the arrest should not be made, the compulsory measures shall be changed or lifted immediately. If it is released immediately, a release certificate shall be issued. In addition to the circumstances that hinder the investigation or cannot be notified, the family members or the unit to which the arrested person belongs shall be informed of the reasons for the arrest and the place of detention within 24 hours. If it is inconvenient to notify, the reasons for not notifying shall be indicated in the case file.
4. If an arrest is made in a different place, the public security organ shall notify the public security organ where the arrested person is located. When the public security organ carries out an arrest in a different place, it shall carry the decision to approve the arrest and its copy, the arrest warrant, the criminal introduction letter of the arrested person and the main materials. The arrested public security organ shall assist in the execution.
5. If the public security organ releases the arrested person or changes the arrest to bail pending trial or residential surveillance, it shall notify the people's procuratorate.
Second, can the suspect be released after being arrested?
Yes As long as it meets the statutory release conditions, it can be released. According to relevant laws, the judicial organ must interrogate the arrested criminal suspect within 24 hours after arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued. in addition
After a criminal suspect is arrested, he may apply for bail pending trial according to the circumstances of the case and take compulsory measures to change it.
Article 92 of the criminal law
The people's courts and people's procuratorates must interrogate the person they decide to arrest, and the public security organ must interrogate the person arrested with the approval of the people's procuratorate within 24 hours after the arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued.
Third, will the suspect have a criminal record?
The suspect is not a criminal and will not leave a criminal record before conviction. The criminal record will only be produced after he is sentenced. As long as it constitutes a crime, he will have a criminal record.
Criminal record generally refers to a person's past record of illegal and criminal acts. Also known as the criminal record system, in our country's law, it generally refers to the archival records of criminal records, which are generally kept in the public security department. If he was under the age of 18 at the time of committing the crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed up.
If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.
When watching TV series, such a thing often happens. When the police have the conclusive evidence of the suspect, they will try their best to arrest the suspect and make him unable to escape legal sanctions. But in fact, in the process of handling criminal cases by public security organs, the process of arresting criminal suspects in China is very strict.