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What is the arrest procedure in the Criminal Procedure Law?
According to Article 59 of the Criminal Procedure Law, the arrest of criminal suspects and defendants, whether approved or decided, shall be carried out by public security organs. Article 765438 1 of the Criminal Procedure Law stipulates that when arresting a person, the public security organ must produce an arrest warrant. The arrest warrant must be issued by the person in charge of the public security organ at or above the county level. Arrest must be carried out by two or more public security personnel. When carrying out an arrest, the arrested person must be shown an arrest warrant and the arrest must be announced according to law. Then order the arrested person to sign or seal the arrest warrant. If the arrested person refuses to sign or seal, the arresting person shall give an explanation. If the arrested person refuses to arrest, the executor may use instruments and weapons when necessary. If the public security organ fails to execute the arrest or fails to execute the arrest due to the death, escape or other reasons of the arrested person, it shall immediately notify the people's procuratorate that originally approved the arrest or the people's procuratorate or people's court that decided to arrest, so as to take corresponding measures. Paragraph 2 of Article 7 1 of the Criminal Procedure Law stipulates that after an arrest, the family members of the arrested person or his unit shall be informed of the reasons for the arrest and the place of detention within 24 hours, except in cases where the investigation is hindered or notification cannot be made. If the public security organ carries out the arrest with the approval of the procuratorial organ, it shall notify the public security organ. Article 72 of the Criminal Procedure Law 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. The criminal act has not occurred or the arrested person does not constitute a crime; Although there is a criminal act, but the circumstances of the crime are minor, it is impossible to be sentenced to more than fixed-term imprisonment, and criminal responsibility shall not be investigated according to law; Although the criminal act was committed by the arrested person, it is enough to prevent social harm by taking measures such as bail pending trial and residential surveillance, so there is no need to arrest, and so on. What are the conditions for arrest? (1) There is evidence to prove the existence of criminal facts. (two) may be sentenced to more than fixed-term imprisonment. (3) Bail pending trial and residential surveillance are not enough to prevent social danger, but it is necessary to arrest. The arrest procedure in the criminal procedure law needs to be strictly implemented. Since the arrest of the people involved in the case requires the approval of the people's procuratorate, the public security organ must apply to the procuratorate before arresting the relevant people involved in the case, and then obtain an arrest warrant. This procedure cannot be changed, otherwise the law enforcement department itself will constitute an illegal act.