Will I be detained when summoned by the police station?

If it is a minor case, it will not be detained if it is summoned by the police station for investigation. If the investigation is illegal or the facts of the crime are conclusive after being summoned to the case, the suspect will generally be detained. After investigation, there are no illegal and criminal facts, or the evidence is obviously insufficient, the public security organ must immediately release them.

Legal analysis

Summoning refers to that the public security organ or the people's court or the people's procuratorate is forced to accept a series of inquiries and measures that can be called compulsory measures for suspects and defendants who are not detained, according to whether the parties are detained by the public security organ and whether there are major criminal suspects. Summoning is not the same as arresting people, but a series of interrogations of suspects who do not need to be arrested, arrested or detained, which can be sent to local public security organs or to their homes. However, it should be prepared to produce documents that prove that the relevant public security departments or people's procuratorates are conducive to summoning relevant criminal suspects for cross-examination. At the same time, the suspect should not be detained for more than twelve hours. However, the premise is that the public security organ can summon or detain the criminal suspect, but if the criminal suspect does not appear in court without justifiable reasons, the detention time shall not exceed 12 hours, that is to say, the criminal suspect cannot be detained in other ways.

legal ground

Article 119 of the Criminal Procedure Law of People's Republic of China (PRC), a criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record. The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.