1. Summoning is a legal term, which refers to a measure that the judicial organ informs the litigants to appear in court at a specified time and place.
2. According to the provisions of Article 119 of China's Criminal Procedure Law, "A criminal suspect who does not need to be arrested or detained may be summoned to a designated place or residence or unit for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced."
3. The purpose of summoning is to ensure that criminal proceedings are carried out in a planned way and cases are handled in time. The summons must use the legal litigation document-the summons card.
Second, the category:
Regarding the limitation of summons, it is necessary to distinguish between criminal summons and public security summons:
1. Paragraph 2 of Article 119 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the time limit for summoning or compulsory summoning shall not exceed 12 hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
2. Paragraph 1 of Article 83 of the Law on Public Security Administration Punishment stipulates that after summoning violators, public security organs shall promptly ask for verification, and the time for inquiry and verification shall not exceed eight hours; If the situation is complicated and the punishment of administrative detention can be applied according to the provisions of this law, the time for questioning and verification shall not exceed 24 hours.
Extended data:
Notice of summons:
1. If it is necessary to summon an illegal suspect for investigation, with the approval of the person in charge of the case-handling department of the public security police station or the public security organ at or above the county level, a summons card (summons) shall be used for summoning. After showing their work certificates, the people's police can verbally summon the illegal suspects found on the spot, and indicate the process, time and departure time of the illegal suspects in the interrogation record.
2. The public security organ shall inform the summoned person of the reasons and basis for summoning.
For those who refuse to accept or evade the summons without justifiable reasons, and other offenders who can be summoned according to law, they can be summoned by force. When forced to summon, you can use binding police equipment such as handcuffs and police ropes according to law.
3. If it is necessary to summon the illegal suspect for investigation, the person in charge of the police station, the case handling department of the public security organ at or above the county level or the entry-exit frontier inspection organ shall use the summons card to summon him.
20 18? On May 30, 2008, Mr. Hu Zhenping, the legal representative and chairman of Gansu Huangtai Liquor Co., Ltd. (hereinafter referred to as "the company"), received a summons certificate from Liangzhou District Public Security Bureau (Lianggong Huzi [20 18] No.50) on suspicion of "refusing to pay labor remuneration".
He was summoned to the Public Security Management Brigade of Liangzhou District Public Security Bureau for questioning at 9: 00 on May 3 18. At the same time, the company received the relevant evidence collection notice (Liangzhou (Zhi) Tiaozhengzi [20 18] No.048), and the Liangzhou District Public Security Bureau obtained the relevant evidence of the case of refusing to pay labor remuneration from the company.
4. Oral summons: The people's police can summon the illegal suspects found on the spot orally by presenting the people's police card, and indicate the process, time and departure time of the illegal suspects in the inquiry record. ?
5. Compulsory summons refers to criminal suspects who violate the administration of public security and exit and entry administration and other illegal suspects who can be summoned according to law without justifiable reasons.
With the approval of the police station, the case handling department of the public security organ at or above the county level or the person in charge of the entry-exit frontier inspection organ, a compulsory summons may be issued. When forced to summon, you can use binding police equipment such as handcuffs and police ropes according to law.
2018165438+1At about 20 o'clock on October 3, when police officers Yuan Moumou and Zhang Moumou of Wangqing County Public Security Bureau presented Ji Xuelian's summons card for disturbing the order of the unit with Wang Xx of Changchun Railway Station Police Station, Ji Xuelian forcibly snatched it from police officer Yuan Moumou and tore it into a ball with her hands and threw it on the ground.
The above facts are confirmed by Ji Xuelian's statement, Yuan Moumou, Zhang and Wang Xx's self-reported materials, police officer's card, work permit, criminal record materials, photos and the original torn summons card. The defendant's administrative punishment behavior applies the law correctly and the punishment discretion is appropriate.
Because Ji Xuelian's behavior has constituted an obstacle to performing her duties, according to the provisions of Item 2 and Item 2 of Paragraph 1 of Article 50 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, it is correct for the defendant to punish Ji Xuelian.
References:
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