Summon the suspect after accepting the case or filing the case.

Summons don't have to be made after filing a case, but before the public security organ has formally filed a case, you can also summon relevant personnel to a designated place for questioning by the public security organ. After all, the public security organs also need to conduct preliminary investigations before deciding whether to file a case. The purpose of summoning is to ensure that criminal proceedings are carried out in a planned way. Call cards must be used uniformly when calling, and you can also call verbally when necessary.

First, is the summons in a criminal case after the case is filed?

No need to file a case before summoning.

Summoning is a measure for judicial organs to inform litigants to appear in court at a specified time and place.

According to the provisions of Article 117 of China's Criminal Procedure Law, "a criminal suspect who does not need to be arrested or detained may be summoned to a designated place or residence or unit for interrogation, but the documents of the people's procuratorate or the public security organ shall be produced." The purpose of summoning is to ensure that criminal proceedings are carried out in a planned way and cases are handled in a timely manner, and legal litigation documents-summoning cards must be used for summoning.

Second, what is the procedure for summoning?

According to Article 92 of China's Criminal Procedure Law, "A criminal suspect who does not need to be arrested or detained may be summoned to a designated place or residence or unit for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced."

(a) in the process of fire law enforcement, it is necessary to summon, and the law enforcement officers shall fill in the "Summoning Certificate" and report it to the leaders for approval before issuing the "Summoning Certificate".

(two) law enforcement officers will serve the "summons card" to the summoned person according to law; The person summoned shall sign or seal the receipt of the "summons card" and indicate the date of receipt.

(3) If the summoned person refuses to accept the summons or evades the summons without justifiable reasons, he shall be forced to summon according to law with the approval of the leader.

(4) After the summoned person arrives at the case, he shall conduct interrogation and verification in a timely manner, and make an interrogation record, and the time for each interrogation shall not exceed 24 hours.

(five) for violations of fire laws and regulations found on the spot, the undertaker may verbally summon the relevant personnel. When announcing the oral summons, the undertaker shall explain the reasons for the summons and record the oral summons in the interrogation record.

Third, what are the problems that need attention when summoning?

If it is necessary to summon an illegal suspect for investigation, with the approval of the person in charge of the case handling department of the public security police station or the public security organ at or above the county level, a summons card (summons) shall be used for summons.

After showing their work certificates, the people's police can verbally summon the illegal suspects found on the spot, and indicate the process, time and departure time of the illegal suspects in the interrogation record.

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

For those who refuse to accept or evade the summons without justifiable reasons, and other offenders who can be summoned according to law, they can be summoned by force. When forced to summon, you can use binding police equipment such as handcuffs and police ropes according to law.

The public security organ shall promptly notify the family members of the summoned person by telephone, text message or fax.

When the public security organ summons an illegal suspect, if his family members are present, he shall verbally inform his family members of the reason and place for summoning on the spot, and indicate it in the inquiry record.

If the summoned person refuses to provide the contact information of his family or there are other circumstances that cannot be notified, he may not notify, but it shall be indicated in the inquiry record.

If a summons card is used for summoning, the illegal suspect shall fill in the time of arrival and the time of ending the inquiry and verification on the summons card and sign it. Refusing to fill in or sign, the people's police handling the case shall indicate it on the summons card.

The public security organ shall promptly ask and verify the summoned illegal suspect, and the time for asking and verifying shall not exceed eight hours; If the case is complicated and the illegal act may be punished by administrative detention according to law, the time for inquiry and verification shall not exceed 24 hours.

It is not allowed to detain illegal suspects in disguised form by continuous summons.

Generally speaking, the law does not stipulate that public security organs can summon relevant personnel only after filing a case. If the public security organ believes that the information reported by the informant does not constitute the filing standard at all after preliminary investigation, the public security organ cannot file a case. Before summoning any citizen, the public security organ must make a summons card in strict accordance with the procedures prescribed by law.