Arrest warrant is a compulsory measure issued by public security organs in accordance with legal procedures;
1, issue an arrest warrant, and the individual involved must immediately appear in the case and be detained in the detention center without the right to bail;
2. During the period of arrest, detainees are not allowed to move freely and can be inspected, inspected and investigated by detention centers and visitors. Moreover, detainees also need to be interviewed and investigated by the police and cooperate with the investigation;
After investigation, if there is conclusive evidence to prove that the detainee is guilty, the procuratorate will bring a lawsuit to the court for further trial.
The procedure for issuing arrest warrants is generally divided into the following steps:
1, put on record for investigation: after the police receive the case, put on record for investigation, collect evidence materials and conduct investigation and evidence collection;
2. Approval of arrest: The public security organ decides whether to issue an arrest warrant for the person involved according to the evidence obtained. China's criminal procedure law stipulates that in an emergency, you can detain first, but you must report it to the procuratorate for approval within 2-3 days. If the procuratorial organ considers the evidence conclusive, it may approve the arrest. If approval is not granted or delayed, the detainee must be released immediately;
3. Issuing the notice of arrest: The notice of arrest is a notice issued by the public security organ to the detainee, informing him that he has been detained according to law, reading him the arrest warrant, and informing him of the detention period, rights and obligations and other related matters;
4. Review in the detention center: send the detainees to the designated detention center for review in the detention center, and explain their personal basic situation, suspected crimes, cases and other relevant information to the responsible personnel. During detention, detainees are not allowed to receive visits, use mobile phones, surf the Internet, etc.
5. Pending treatment: After the detainee is examined by the detention center, he will go through the formalities of meeting or reexamination and wait for the follow-up treatment.
To sum up, arrest is a compulsory measure and must go through strict legal procedures and procedural guarantees. In administrative and criminal cases, arrests must comply with relevant laws and regulations and be approved by public security organs. If the arrest is illegal, the detainee can lodge a complaint or sue to safeguard his legitimate rights and interests. Of course, it is necessary to distinguish the identity of the detainee, the legal facts and evidence involved and other relevant information about the legality and execution of the arrest warrant.
Legal basis:
Article 91 of the Criminal Procedure Law of People's Republic of China (PRC)
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.