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How to recover the mobile phone number when it is controlled by the public security organ?
Legal basis: Provisions on Procedures of Public Security Organs in Handling Administrative Cases
Thirty-seventh investigation of administrative cases, should be in accordance with the law, timely, objective and comprehensive collection, collection, examination and verification of evidence.
Article 38 The facts of a case that need to be investigated include:
Basic information of the illegal suspect;
(2) Whether there is any illegal act;
(3) Whether the illegal act is committed by an illegal suspect;
(four) the time, place, means and consequences of the illegal act;
(five) the criminal suspect can not be given a heavier, lighter, mitigated or not given administrative punishment;
(6) Other facts related to this case.
Thirty-ninth public security organs should prevent the disclosure of work secrets when investigating and collecting evidence.
Fortieth in the investigation and evidence collection, the people's police shall not be less than two people, and show their law enforcement status.
Forty-first illegal suspects seized or present shall be inspected for safety. If contraband or dangerous goods such as control instruments, weapons, inflammable and explosive articles, articles related to the case that need to be used as evidence are found, they shall be seized immediately; Articles irrelevant to the case carried by illegal suspects shall be registered, kept and returned in accordance with relevant regulations. The security check does not need to check the certificate.
The seizure stipulated in the preceding paragraph shall be governed by Articles 43 and 44 of these Provisions and Section 7 of this Chapter.
Article 42 In handling administrative cases, the following administrative compulsory measures may be taken according to law:
(a) to take compulsory measures such as sealing up, detaining, temporarily sealing up, sealing up, pre-registration and preservation, and sampling for evidence collection on articles, facilities and places;
(two) to take protective restraint measures, continue questioning, compulsory summons, compulsory testing, detention review, limit the scope of activities and other compulsory measures against illegal suspects.
Article 43 The implementation of administrative compulsory measures shall comply with the following provisions:
(a) before implementation, it shall be reported to the person in charge of the public security organ for approval according to law.
(two) notify the parties to be present, and inform the parties on the spot of the reasons and basis for taking administrative compulsory measures, as well as the rights and remedies enjoyed by the parties according to law. If the party concerned is not present, the witness shall be invited to be present and noted in the on-site record.
(3) hearing the statements and arguments of the parties.
(4) Making on-site transcripts, which shall be signed or sealed by the parties concerned and the people's police handling the case. If the party refuses, it shall be indicated in the record. If the party concerned is not present, the witness and the people's police handling the case shall sign or seal the record.
(five) the implementation of administrative compulsory measures to restrict citizens' personal freedom, it shall inform the public security organs on the spot, the reasons, places and time limit for the implementation of compulsory measures; If it is impossible to inform on the spot, it shall be informed by telephone, SMS, fax, etc. immediately after the implementation of compulsory measures; Unidentified, refusing to provide contact information of family members, or unable to notify due to force majeure such as natural disasters. , may not be notified. The record of inquiry shall indicate the reasons for informing or informing family members or failing to inform family members.
(6) Other procedures prescribed by laws and regulations.
Where administrative compulsory measures are implemented in the inspection, inspection records shall be made instead of on-site records.
Forty-fourth emergency, the implementation of administrative compulsory measures on the spot, the people's police handling the case shall report to the person in charge of the public security organ within 24 hours, and go through the approval procedures. If administrative compulsory measures restricting citizens' personal freedom are implemented on the spot, the people's police handling the case shall report immediately after returning to the unit and go through the approval procedures. If the person in charge of the public security organ thinks that administrative compulsory measures should not be taken, it shall be lifted immediately.
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