What are the rules governing detention and interrogation before official arrest?

When detaining a person, a public security organ must produce a detention warrant.

Within 24 hours after a person has been detained, his family 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.

A public security organ shall interrogate a detainee within 24 hours after detention. There is no right to an attorney. 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 deems it necessary to arrest a detainee, it shall, within three days after the initial detention, submit a request to the People’s Procuratorate (The Prosecutor’s Office). Under special circumstances, the time limit for submitting a request for examination and approval may be extended by one to four days.

As to the arrest of a major suspect involved in crimes committed from one place to another, repeatedly, or in a gang, the time limit for submitting a request for examination and approval may be extended to 30 days.

The People’s Procuratorate shall decide either to approve or disapprove the arrest within seven days from the date of receiving the written request for approval of arrest submitted by a public security organ.

If the People’s Procuratorate disapproves the arrest, the public security organ shall, upon receiving notification, immediately release the detainee and inform the People’s Procuratorate of the result without delay.

Published by admin on June 18th, 2014 tagged Uncategorized


6 Responses to “What are the rules governing detention and interrogation before official arrest?”

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