1, the people's court decided to arrest the defendant in two cases:

(1) For a case of private prosecution directly accepted, if it is considered necessary to arrest the defendant, the case-handling personnel shall report it to the president of our hospital for decision, and for major, difficult and complicated cases, it shall be submitted to the judicial committee for discussion and decision.

(2) The people's court may also decide to arrest a defendant who was not arrested when the procuratorial organ initiated a public prosecution, if it considers that he meets the conditions for arrest and should be arrested.

2. If the people's court decides to arrest, the president shall issue a notice of arrest decision and notify the public security organ to implement it. If it is a public prosecution case, it shall also notify the people's procuratorate.

Second, the execution procedure of arrest.

The arrest of criminal suspects and defendants shall be carried out by public security organs. After receiving the notice of execution, the public security organ must immediately execute the arrest and notify the people's procuratorate and the people's court of the execution. The procedure for the public security organ to execute the arrest is:

1. The person in charge of the public security organ at or above the county level shall issue an arrest warrant.

The person in charge of the public security organ at or above the county level shall issue an arrest warrant for the criminal suspect or defendant approved or decided by the people's procuratorate and execute it immediately.

2. An arrest warrant must be presented.

There shall be no less than two people who carry out the arrest. When making an arrest, the arrested person must be shown an arrest warrant and ordered to sign the arrest warrant and press his fingerprints. If the arrested person refuses to sign the arrest warrant or press his handprint, he shall indicate it on the arrest warrant.

3. Detention, notification to family and interrogation

(1) Detention: After being arrested, criminal suspects and defendants should be immediately sent to detention centers for detention (different from detention).

(2) Notify the family members: Except those who cannot be notified (different from detention), the family members of the arrested person shall be notified within 24 hours after the arrest.

(3) Interrogation: 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 arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued.

pay attention to

(1) Similarities and differences between arrest execution procedure and detention execution procedure;

(1) Custody: After arrest, the arrested person shall be immediately sent to a detention center for custody; After detention, the detainee shall be immediately sent to the detention center for custody, and no later than 24 hours;

(2) Inform the family members: after the arrest, notify the family members of the arrested person, only if it is impossible to notify them, and there are no other exceptions; Detention includes the failure to inform or notify the situation that crimes against national security and terrorist activities may hinder the investigation; (If the designated residence is under residential surveillance, the family members shall be notified within 24 hours, unless it cannot be notified. )

③ Interrogation: Interrogation shall be conducted within 24 hours after detention or arrest.

(2) At the trial stage, when the court decides to arrest, the court is responsible for interrogating the arrested person and informing the family members of the arrested person (whoever handles the case, interrogates and informs).

Step 4 arrest in different places

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, and the public security organ where the arrested person is located shall assist in the execution.