1, show the law enforcement identity to the violator.
2. Collect evidence.
3 orally inform the offender of the facts, reasons and basis for making the decision on administrative punishment, and inform the offender of the right to state and defend.
4. Fully listen to the statements and arguments of violators. If the facts, reasons or evidence put forward by the violator are established, they shall be adopted.
5. Fill in the penalty decision on the spot and deliver it to the punished person on the spot.
6. If the fine is collected on the spot, fill in the fine receipt and deliver it to the punished person; If the fine is not collected on the spot, the person to be punished shall be informed to pay the fine at the designated bank within the prescribed time limit.
Handling procedure that does not constitute a criminal case:
1, investigation
Those who report, accuse, report or voluntarily surrender themselves in violation of public security management, as well as cases of violation of public security management transferred by other administrative departments and judicial organs, shall be accepted and registered in time.
After accepting reports, complaints, reports and surrenders, those who believe that they are in violation of public security management shall be investigated and dealt with immediately; If it is considered that it is not a violation of public security administration, it shall inform the informant, the complainant, the informant and the person who surrendered himself, and explain the reasons.
In violation of public security management, the public security organ shall promptly ask for verification after summoning, 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.
The record of inquiry shall be checked by the person being questioned; Read aloud for those who can't read. If there are omissions or errors in the record, the interviewee can supplement or correct them. After the person questioned confirms that the transcript is correct, he shall sign or seal it, and the people's police who inquire shall also sign the transcript.
The public security organ may inspect places, articles and personnel related to acts violating the administration of public security. At the time of inspection, there shall be no less than two people's policemen, and they shall show their work certificates and inspection certificates issued by the public security organs of the people's governments at or above the county level. If it is really necessary to conduct an immediate inspection, the people's police may conduct an on-site inspection after producing their work certificates, but when inspecting citizens' houses, they shall produce the inspection certificate issued by the public security organs of the people's governments at or above the county level.
Step 2 decide
The administrative punishment for public security shall be decided by the public security organ of the people's government at or above the county level; Among them, warning and fines below 500 yuan can be decided by the police station.
Before making a decision on administrative penalties for public security, the public security organ shall inform the facts, reasons and basis of violating administrative penalties for public security, and inform those who violate administrative penalties for public security of their rights according to law.
A written decision on administrative penalties for public security shall be made. The punishment decision shall be announced to the punished person and delivered to the punished person on the spot; If it cannot be announced to the punished person on the spot, it shall be served to the punished person within two days. If it is decided to give administrative detention, it shall promptly notify the family members of the punished person. If there is an infringed person, the public security organ shall send a copy of the decision to the infringed person.
Step 3 perform
If a decision is made to impose administrative detention, it shall be sent to the detention center for execution by the public security organ that made the decision.
The person who is punished by a fine shall pay the fine at the designated bank within fifteen days from the date of receiving the penalty decision. If fines are collected on the spot under special circumstances, a receipt for fines uniformly issued by the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be issued to the punished person; If the receipt of the fine is not uniformly issued, the punished person has the right to refuse to pay the fine.
The specific rules are as follows:
1. Accepting cases: accepting cases in case of accusation, surrender, reporting, surrender and others.
2. Review: You can choose to transfer it to the relevant authorities and file a case or not.
3. filing a case: choose to investigate or send it to the procuratorate.
Step 4 investigate
Step 5 solve the case
Step 6 take coercive measures
7. Continue to investigate and improve the evidence.
8. End of investigation: the case is closed or transferred for review and prosecution.
9. Transfer for review and prosecution
Legal basis:
Article 3 of the Criminal Procedure Law of People's Republic of China (PRC) is responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers. In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.