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The difference between a subpoena and a summons notice
A summons is used to summon suspects in public security cases; those who cannot be summoned can be forcibly summoned (that is, handcuffs can be used). A summons can be issued upon approval by the director of the police station. The summons notice is used to summon criminal suspects in criminal cases. If you are not summoned, you may be detained, arrested, or wanted online. The summons notice must be approved by the person in charge of the public security organ at or above the county level.
A subpoena is not an enforcement measure. 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 certification documents from the People's Procuratorate or the public security agency must be produced. Criminal suspects found at the scene may be summoned orally upon presentation of their work IDs, but this shall be noted in the interrogation transcript.
The following is the meaning of issuing a summons notice after recording a confession: A summons notice is a document used by the public security organs to summon criminal suspects who do not need to be arrested or detained to come to the case for interrogation at a designated time and place in order to find out the facts of the case. . Provisions: For criminal suspects who do not need to be arrested or detained, they can be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but certification documents from the People's Procuratorate or the public security agency must be produced. The supporting document referred to here is the summons notice. When interrogating criminal suspects who do not need to be arrested or detained, they can be conducted at the investigation agency. However, in order to facilitate the public and the smooth progress of investigation work, investigators may also summon criminal suspects who have not been detained or arrested to other designated places in the city or county where they are located or to their residences for interrogation. Summoning or subpoenaing for too long, or detaining a criminal suspect in disguised form by summons or subpoena is an infringement of the criminal suspect's personal rights. Therefore, the law clearly stipulates that the duration of each summons or arrest shall not exceed twelve hours.
What is the procedure for summoning at the police station?
1. During the law enforcement process, if a summons is required, the law enforcement personnel responsible for the law enforcement should fill in the subpoena certificate submission form and submit it to the leader for approval before issuing the summons certificate;
2. The law enforcement personnel responsible for the law enforcement Serve the summons to the person being summoned in accordance with the law; the person being summoned should sign or stamp the receipt of the summons and indicate the date of receipt;
3. Refusal to accept the summons without justifiable reasons If a person is summoned or evades a summons, a compulsory summons shall be implemented in accordance with the law with the approval of the leader;
4. After the person being summoned arrives at the case, interrogation and verification should be carried out in a timely manner and interrogation transcripts should be made. Each interrogation should not exceed 24 hours. ;
5. For violations of laws and regulations discovered on the spot, the person in charge may verbally summon the relevant personnel. When announcing an oral summons, the person handling the matter shall explain the reasons for the summons and record the circumstances of the oral summons in the transcript during the interrogation.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: "Criminal Procedure Law of the People's Republic of China"
Article 117
Parties, defenders and agents ad litem If an interested party commits any of the following acts against a judicial organ or its staff, he or she has the right to complain or accuse the judicial organ or its staff:
(1) Failure to release, terminate or terminate compulsory measures upon expiration of the statutory period; Change;
(2) The bail pending trial deposit should be returned but not returned;
(3) Seizing, detaining or freezing property irrelevant to the case;
(4) Failure to lift the seal, seizure, or freeze that should be lifted;
(5) Embezzling, misappropriating, privately dividing, exchanging, or using the seized, seized, or frozen property in violation of regulations.
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