Whether the summons issued by the police station constitutes a criminal case

When the police station issues a summons, it does not necessarily mean that a criminal case has been constituted, but it may also be a violation of public security management. There are two types of summons: criminal summons and public security summons.

According to the second paragraph of Article 117 of the "Criminal Procedure Law of the People's Republic of China": the summons or summons shall not last more than twelve hours; the case is particularly serious and complex. If detention or arrest measures are required, the summons or summons shall not last more than twenty-four hours.

Article 83, Paragraph 1 of the "Public Security Administration Punishment Law" stipulates: For those who violate public security administration, the public security organs shall promptly inquire and verify after being summoned, and the inquiry and verification time shall not exceed eight hours; the situation is complicated , if the penalty of administrative detention may be applicable in accordance with the provisions of this Law, the time for inquiry and verification shall not exceed 24 hours.

Extended information:

If a suspect needs to be summoned for investigation, he or she must be summoned using a subpoena (subpoena) with the approval of the person in charge of the case-handling department of the public security police station or the public security agency at or above the county level.

For illegal suspects found at the scene, the people's police can verbally summon them after showing their work IDs, and indicate in the inquiry transcript how the illegal suspect arrived at the case, the time of arrival and the time of departure.

The public security organ shall inform the person being summoned of the reasons and basis for the summons.

A compulsory summons may be issued to those who violate the public security management who refuse to accept the summons or evade the summons without justifiable reasons, as well as other illegal actors who can be compulsorily summoned according to the law. When imposing a compulsory summons, restraint police equipment such as handcuffs and police ropes may be used in accordance with the law.

The public security organs shall promptly notify the family members of the person being summoned by phone, text message, fax, etc. of the reason and location of the summons.

When the public security organ summons a criminal suspect and his or her family members are present, the reason for the summons and the location of the summons shall be orally notified to the family member on the spot and noted in the interview transcript.

If the person being summoned refuses to provide the contact information of his family members or has other circumstances that make it impossible to notify, notification may not be given, but it shall be noted in the inquiry transcript.

If a subpoena is used to summon the suspect, after the illegal suspect is summoned to the case and the inquiry and verification are completed, he or she shall fill in the time of arrival and the end of the inquiry and verification on the subpoena and sign. If you refuse to fill in or sign, the people's police handling the case shall indicate this on the summons.

Public security organs shall promptly inquire and verify the summoned suspected criminals, and the time for inquiry and verification shall not exceed eight hours; if the case is complex and the illegal conduct may be punished by administrative detention according to law, the time for inquiry and verification shall not exceed 24 hours.

Suspects of violations of the law shall not be detained in disguised form by continuous summons.

Reference materials:

"Criminal Procedure Law of the People's Republic of China"-China National People's Congress Network

"Public Security Management of the People's Republic of China" Punishment Law - Chinese Government Legal Network