Criminal procedure law
Article 91 stipulates that when a public security organ arrests a person, it must produce an arrest warrant. After the arrest, the arrested person shall be immediately sent to the detention center for custody. Unless it is impossible to notify, the family of the arrested person shall be notified within 24 hours after the arrest.
Article 92 stipulates that the people's court and the people's procuratorate must interrogate each other about the person who has decided to arrest, and the public security organ must interrogate the person who has been arrested with the approval of the people's procuratorate 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.
Procedures for handling criminal cases by public security organs
Article 139? When an arrest is made, an arrest warrant must be produced, and the arrested person must be ordered to sign the arrest warrant and press his fingerprints. If the investigator refuses to sign or fingerprint, the investigator shall indicate it. After the arrest, the arrested person shall be immediately sent to the detention center for custody.
No fewer than two investigators shall carry out the arrest.
Article 140? The arrested person must be tried within 24 hours after his arrest. If it is found that the arrest should not be made, with the approval of the person in charge of the public security organ at or above the county level, a notice of release shall be made and sent to the detention center and the people's procuratorate that originally approved the arrest. The detention center immediately releases the arrested person with a release notice and issues a release certificate.
Article 14 1? After the arrest of a criminal suspect, a notice of arrest shall be issued within 24 hours after the arrest, and the family members of the arrested person shall be informed, except in cases where notification cannot be given. The notice of arrest shall specify the reasons for the arrest and the place of detention.
The provisions of the second paragraph of Article 109 of these Provisions shall apply to the case of "failure to notify" as stipulated in this Article.
After the situation that cannot be notified is eliminated, the family members of the arrested person shall be notified immediately.
If the family members are not notified within 24 hours, the reasons shall be indicated in the notice of arrest.