What is a warrant?Summon, is people often say: "being taken away by the police."

    I remember a few years ago happened. In a suburb of Beijing sent so suspected leave let prostitution summon a salon owner. Most of the salon owners pay several million after release, only a 40 year old female boss because the store did not miss refused to pay thirty thousand yuan. Because she does not fit the job of the police, was a burst of leather shoes and electricity "interrogation", the police when having a meal, be with single hand handcuffed in the bed of the iron frame and hang up. At night, they drink the wine to come back, just put her down on the interrogation. Interrogation is put her on the ground, the pressure of a chair body, back in the chair legs. Four police officers in the four corner of the room, chair from the corner kick to another angle, ask, out of a chair. The hostess is a pool for entertainment for half the night. The boss of the salon not massage bed, not built, no hired workers, police have gained nothing, early in the morning put her.

   She found the city of Beijing migrant family, working girl home assignment I received her. Because I am Beijing city migrant Rights Centre lawyer.

   The female party call what I do not remember, I only remember her tall, face swelling on the skin, they are injured, the appearance and the Guo Degang crosstalk ugly Niang Niang can be compared. No one believes that she is a prostitute. She insisted that her hair out no massage, and no hired massage girl.

   I took her to the Beijing Municipal Public Security Bureau police supervision office complaints. The IPCC is open, let her go to the hospital inspection. A female reporter to take her to the hospital. To prove the diagnosis to the Municipal Public Security Bureau, police department said must give the party a satisfactory answer. Later, I have not seen the parties.

    A few months after the girl got the news from home, this party was arrested, prosecuted. The migrant women's club has appointed defense lawyers for her. I saw the defender. The lawyer told me, procuratorate prosecution on charges of "keep holding prostitution of women", the evidence is a worked in the hair salon girl testimony. The witness said she had been working in the salon, the wage period met a male customer, then male customers bring him into the village of 188 houses, a sexual relationship between two people. The defendant said that several years ago, there is a little girl to help workers in her salon, after only a month away. The little girl did not do massage. The defense lawyers to investigate this village, the village no no. 188, also did not know there is such a man.

     The female boss encounters than held in Chongqing a base person may not what. But let me think constantly of.

     Hope that with the implementation of the new criminal procedure law, these have become history.

 

    What the police can arrest citizens? Summon to where? What to do after a warrant? Detained human rights? When do you come back?? This is the research of criminal procedure law problems.

 

   A warrant is refers to the public security organ, people's Procuratorate and the people's court for not being detained criminal suspects, defendants, according to its mandatory attendance questioning a compulsory measure. A warrant is a kind of Chinese criminal coercive measures system in the light of the force,

   The public security organs, people's Procuratorate and the people's court in criminal proceedings, have the right to decide to apply the summons.

   The public security organ arrest is to be suspected of crime, need to find its asked people. Some units (such as crime of illegal business, the production and sale of counterfeit goods, illegal absorb public deposits), the unit responsible for others, not to accept the police department, the public security organs have taken to arrest measures.

   The people's Procuratorate is the prosecutor investigated cases of criminal suspects. The object's Procuratorate is the national staff. Procuratorate received a report, a senior officials suspected of corruption, bribery, breach of privilege, procuratorate find informants conversation, informants, the atmosphere thick, refused to procuratorate summoned, procuratorate arrest measures can be taken.

   The people's court summons of the accused in a private prosecution. Maltreatment of family members, the case of interference in the freedom of marriage case, criminal defamation, embezzlement case, although belongs to the crime, but the victim not v. state cannot interfere. Prosecution, the defendant does not think his crime, but not to the guilty plea, the court has the right to take measures to summon the defendant.

   A civil case, the defendant refuses to appear in court, the court may make a judgment by default. But the absence of accused respondent cannot find out details of the case, the court can also be used to summon means to force the defendant to court.

   

   4 is its people is not necessarily a crime. It may be wrong suspect, the error report. By questioning, may well prove detained person without fault.

 

   "Criminal Procedure Law" provisions of article ninety-second:Does not need to be arrested, detained the suspect, the suspect may be summoned to a designated place city, county lies within or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents.

　Summons, the longest duration of detention shall not exceed twelve hours. Not to continuous summons, subpoena detained suspects into custody in disguised forms ".

 

   The new "criminal procedural law"The ninety-second changed to 117th, amended as:

    "Need not be arrested, detained the suspect, the suspect may be summoned to a designated place city, county lies within or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents. To found at the scene of the crime suspect, by working to produce documents, can be summoned verbally, but shall be marked in the transcripts of interrogation.

   "Summon, summons forThe period shall not exceed twelve hours; the case particularly heavy, complicated, need to take the measure of arrest, detention, subpoena, summons for time not exceeding twenty-four hours.

   "Not to continuous summons, subpoena criminal suspects into custody in disguised forms. Call, summon the suspect, shall ensure that the suspect's diet and the necessary rest time."

 

     Interpretation:

    The provisions of the new "criminal procedural law" article 117th of its included content.

   To summon 1

  To summon the interrogation of a defendant, criminal suspects, defendants only in city, county, or detained person location. Can be detained for human residence, also can be detained from the work unit is located, and is not necessarily the case handling organ. The law does not allow the defendant, criminal suspects summon to remote interrogation.

   2 point in the designated to ask

  Interrogation locations specified by the case handling organ, is detained person residence nearby court, procuratorate, Public Security Bureau, police, neighborhood committees, village committees, detained person units of the security department. Can not be compulsory summon people to prison, detention, detention and other places of interrogation.

   3 summons procedures

  Task execution summons for investigators to produce documents to the detained person. Documents is not a work permit, but a legal document with its. The court, procuratorate with coercive summons, the public security organ with summon card.

   Summons is a personal freedom act. Required to summon people to produce documents, is to prevent the abuse of police arrest right infringement of citizens' personal freedom.

  Only found at the scene of the crime suspect, in the present police ID can be summoned verbally. Oral subpoena in interrogation transcripts should specify reasons not summon card.

   4 compulsory summon time

   After the inquiry shall be released immediately. Ask me in an hour an hour release, two hours after asking two hours release.

  "Criminal Procedure Law" stipulates that "the compulsory summon time shall not exceed 12 hours", not required to shut 12 hours. Some police arrest deliberately by criminal suspects, defendants held for 12 hours, to punish the purpose. This is the act of breach of privilege.

   In the past, some police set up a "temporary see room", which held there for ten days, or even months, neither free, nor the detention center. Ask, the original station every day to open a summon card. Torture to extract confessions occurred in the police station, once sent to jail, the police cannot torture to extract confessions.

   "Special provisions of the criminal procedure law""Not to continuous summons, subpoena criminal suspects into custody in disguised forms."

    The new "criminal procedural law" add a sentence"The case particularly heavy, complicated, need to take the measure of arrest, detention, subpoena, summons for time not exceeding twenty-four hours."

     Someone who understands extended compulsory summon time for the new "criminal procedural law", to expand the power of police. I think this is a misunderstanding.

    Some of the suspects, especially gang crime suspects, 12 hours really don't ask. Some of the criminal suspect in custody after 11 hours, suddenly said a major smuggling case, see 12 hours to go, Is it right? Cannot continue to ask?

    In practice, many of the more than 12 hours. There are no provisions of law for overtime detention punishment. The new "criminal procedural law" revision is to limit overtime detention.

   The only case particularly heavy, complex, summon can exceed 12 hours.

   The only need to detention, arrest suspects arrest can be more than 12 hours. More than 12 hours not extend its time, but for the detention, arrest procedures.

   In any case arrest are not more than 24 hours.

   5 civilized law enforcement

    The new "criminal procedural law" also added a, issue a warrant period"Shall ensure that the suspect's diet and the necessary rest time."

    This provision reflects the civilized law enforcement and the protection of human rights spirit.

   

   The implementation of the new criminal procedure law, the abuse of the public security organs summon powers, citizens will be up in a tree exposure, freezing phenomenon will be curbed.

   The suspect was bombarding the interrogation, administrators, not to eat, not to drink water, corporal punishment is also no market by 12 hours.