Article 59 Arrests of criminal suspects or defendants shall be subject to approval by a People s Procuratorate or decision by a People s Court and shall be executed by a public security organ.
Article 60 When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of not less than imprisonment, and if such measures as allowing him to obtain a guarantor pending trial or placing him under residential surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating his arrest, the criminal suspect or defendant shall be immediately arrested according to law.
If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own baby, he or she may be allowed to obtain a guarantor pending trial or be placed under residential surveillance.
Article 61 Public security organs may initially detain an active criminal or a major suspect under any of the following conditions:
(1) if he is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime;
(2) if he is identified as having committed a crime by a victim or an eyewitness;
(3) if criminal evidence is found on his body or at his residence;
(4) if he attempts to commit suicide or escape after committing a crime, or he is a fugitive;
(5) if there is likelihood of his destroying or falsifying evidence or tallying confessions;
(6) if he does not tell his true name and address and his identity is unknown; and
(7) if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang.
Article 62 When a public security organ is to detain or arrest a person in another place, it shall inform the public security organ in the place where the person to be detained or arrested stays, and the public security organ there shall cooperate in the action.
Article 63 The persons listed below may be seized outright by any citizen and delivered to a public security organ, a People s Procuratorate or a People s Court for handling:
(1) any person who is committing a crime or is discovered immediately after committing a crime;
(2) any person who is wanted for arrest;
(3) any person who has escaped from prison; and
(4) any person who is being pursued for arrest.
Article 64 When detaining a person, a public security organ must produce a detention warrant.
Within 24 hours after a person has been detained, his family or the unit to which he belongs shall be notified of the reasons for detention and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.
Article 65 A public security organ shall interrogate a detainee within 24 hours after detention. If it is found that the person should not have been detained, he must be immediately released and issued a release certificate. If the public security organ finds it necessary to arrest a detainee when sufficient evidence is still lacking, it may allow the detainee to obtain a guarantor pending trial or place him under residential surveillance.
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