As a kind of administrative punishment, the decision procedure of public security management punishment also includes summary procedure and general procedure (including hearing procedure). Compared with the Administrative Punishment Law, the provisions of the Public Security Administration Punishment Law on the summary procedure and the hearing procedure in the general procedure are only slightly adjusted, and have been explained in the Administrative Punishment Law in combination with the corresponding provisions. For the general procedure of public security administration punishment, the Law on Public Security Administration Punishment has made more detailed provisions, which need to focus on the following special provisions:
1. accepted. Public security management cases shall be registered after acceptance. (Article 77)
2. Call. Grasp the following three points: (1) The summons is approved by the person in charge of the case-handling department of the public security organ. (2) Calling method: in principle, calling with calling card; On-site case handling can be summoned orally, but the work certificate must be produced and indicated in the inquiry record. (3) Those who refuse to accept or evade summoning without justifiable reasons may be summoned by force. (Article 82)
Note: Summons only apply to criminals, not to victims and witnesses; For oral summons, you must show your work certificate, that is, as long as you handle a case outside the public security organ, you must show your certificate.
3. ask for proof. Master the following five points: (1) Time for inquiry and verification: in principle, it should not exceed 8 hours; The time for applying administrative detention punishment shall not exceed 24 hours. (2) Informing obligation: Inform the family members of the summoned person of the reason and place in time. (3) Ask the offenders under the age of 16, and notify their parents or other guardians to be present. (4) The person being questioned may provide written materials on the matters being questioned. (5) Inquiry record: signed or sealed by the interviewee and signed by the interrogator (police).
Note that the above provisions are aimed at the inquiry and verification of offenders, and only the above provisions (4) and (5) are applicable to the inquiry of victims and witnesses. In addition, we should pay attention to the place of inquiry: the illegal personnel should be asked in the public security organ after being summoned; You can ask the victims and witnesses in the unit, residence or public security organ. (Articles 83 to 85)
Check. Grasp from the following three aspects: (1) Number requirements: the number of prosecutors shall not be less than two. (2) Certificate requirements: In principle, the work certificate and inspection certificate issued by the public security organ at or above the county level shall be presented; If immediate inspection is really necessary, on-the-spot inspection can be carried out only by presenting the work certificate, but when inspecting the residence of citizens, the inspection certificate issued by the public security organ at or above the county level shall be presented. (3) Inspection record: signed or sealed by the inspector, the inspected and the witness; If the inspected refuses to sign, it shall be indicated in the record.
Pay attention to the difference between the inspection record and the inquiry record: if the inspected refuses to sign, the inspection record is still valid as long as it is marked on the record; The interrogation record must be signed by the interrogated person, otherwise it is invalid.
5. Registration of seizure. (1) Object of seizure: Only articles that need to be taken as evidence can be seized; Property legally possessed by the infringer or a bona fide third party shall not be seized and shall be registered. (2) Disposal of seized articles: returning articles irrelevant to the case; If it belongs to the legal property of others, it will be returned immediately after registration; After 6 months, if no one claims the right or the right holder is unknown, it will be nationalized. (Article 89)
6. Service of punishment decision. Delivered on the spot after the penalty decision is announced; If it cannot be announced on the spot, it shall be served within 2 days; If there is an infringer, a decision will be copied to the infringer. If it is decided to give administrative detention, it shall also inform the family members of the punished person in time (note that it is different from the service period of the general administrative punishment decision). (Article 97) Law || Education Network
7. Time limit for handling cases. Generally, the case is closed within 30 days from the date of acceptance; Special circumstances may be extended for 30 days with the approval of the public security organ at the next higher level. Note that the time spent on appraisal is not included in the time limit for handling cases. (Article 99)
8. Other rules (Articles 79, 865, 438+0, 93)
(1) Exclusion rule of illegal evidence: evidence collected by illegal means shall not be used as the basis for punishment.
(2) Avoidance rules: the police's avoidance is decided by the public security organs; The withdrawal of the person in charge of the public security organ shall be decided by the public security organ at the next higher level (note: the decision on the punishment of the main leaders of the public security organ shall be made by the people's government at the same level).
(3) The principle of emphasizing evidence over statement: If only I make a statement and there is no other evidence, no punishment decision can be made.
example
1. A county public security bureau received a phone call from someone who was whoring in Xue's residence, so it sent personnel to check it out. The police arrived at the scene of the report and knocked on the door, but did not break into the house. I met Xue alone. Xue refused to sign the inspection record, and the police noted this situation on the record. Xue thought the inspection was illegal and filed an administrative lawsuit. Which of the following options is correct? (Volume 2, Multiple Choice Questions 88, 2009)
Answer? The county public security bureau shall register the telephone number.
b？ When the police check Xue's residence, there shall be no less than two people.
c？ When the police check Xue's residence, they should show their work permit and the inspection certificate issued by the public security organ of the government at or above the county level.
d？ Because Xue did not sign the inspection record made by the police, the record has no evidential effect in administrative proceedings.
Answer: ABC
2. On May 2, 2006, Wu Mou stayed in a hostel in the suburb of a county, refused to show his identification, quarreled with the staff of the hostel, and forcibly moved into the hostel. The police of suburban police station decided to fine Wu Mou 300 yuan on the grounds of disturbing public order. Which of the following statements is true? (Volume 2, Multiple Choice Questions 82, 2006)
Answer? The police station can make a decision on punishment in its own name.
b？ The police station can make a punishment decision on the spot.
c？ The public security organ shall send a copy of this decision to suburban hotels.
d？ Wu Mou refuses to accept the fine decision, should first apply for reconsideration, and then bring an administrative lawsuit.
Answer: AC