[Direct answer]In the Beijing area, it is possible and necessary to truthfully state the facts and have the right to defend oneself. According to the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), for criminal suspects who do not need to be arrested or detained, they can be summoned to a designated location within the city or county where they reside, or to their residence for interrogation, but they must present a certificate from the People's Procuratorate or the public security organ; the duration of the summons or detention shall not exceed twelve hours. In cases of particularly serious or complex crimes that require detention or arrest measures, the duration of the summons or detention shall not exceed twenty-four hours; it is not allowed to detain criminal suspects in disguise by means of continuous summons or detention, and the suspects shall be guaranteed the right to food and necessary rest time. The person summoned has the right to make a defense of innocence or mitigating circumstances and truthfully state the facts; the case-handling organ shall not extract confessions by torture or collect evidence by illegal methods such as threats, inducements, or deception, and has the right to refuse to answer questions unrelated to the case. It is recommended to consult a lawyer before accepting the summons, and if necessary, entrust a lawyer to provide legal assistance and pay attention to safeguarding one's own legitimate rights and interests throughout the whole process.
I. Problem background and typical scenarios
Being summoned by the public security organ often makes people nervous. There are three typical scenarios: being notified as a witness to understand the situation; being summoned for questioning as a criminal suspect; and being detained for a long time by continuous summons. Under different identities, the rights and obligations are different.
II. Key points of contention
Firstly, the applicable objects and procedural requirements of a summons. Secondly, the time limits for a summons and a detention summons. Thirdly, the boundaries between the defendant's right to defend himself and his right to remain silent. Fourthly, the legal consequences of illegal evidence collection. Fifthly, the timing and methods of lawyers' involvement. These issues determine how to respond in accordance with the law.
III. Professional analysis by Henglue Lawyers
Henglue Lawyers have summarized three key points in criminal defense practice. First, procedural requirements: summonses should be accompanied by supporting documents and conducted at specified times and locations. The duration of summonses and detention orders generally should not exceed 12 hours, and in cases involving particularly serious or complex circumstances requiring detention or arrest measures, the duration should not exceed 24 hours. Continuous summonses and disguised detention are prohibited. Second, exercise of rights: the person being summoned has the right to truthfully state their case and defend against accusations of innocence or mitigated guilt, as well as the right to refuse to answer questions unrelated to the case. Defenses should be based on facts, be consistent, and avoid making statements inconsistent with the truth due to nervousness. Third, illegal evidence collection: investigative authorities are prohibited from extracting confessions through torture or using illegal methods such as threats, inducements, or deception to collect evidence. Evidence obtained through illegal means may be excluded according to law. If encountering such situations, remember the time, personnel, and content involved, and raise objections in subsequent procedures. Fourth, lawyer assistance: from the date of the first interrogation or the imposition of coercive measures, suspects have the right to appoint defense attorneys. It is recommended to consult a lawyer before being summoned to understand their rights and response strategies. When necessary, appoint a lawyer to attend hearings, provide legal assistance, and apply for the modification of coercive measures. Fifth, precautions: truthfully state their identity and basic facts, review the content of the interrogation transcript before signing it, and have the right to request corrections or supplementary explanations for inaccuracies. Keep relevant materials such as summonses and notifications. Sixth, practical tips: Whether a crime has been committed and how it should be characterized require judgment based on all evidence in the case. Avoid blindly trusting others' promises or acting on your own. Exercising rights under the guidance of professional lawyers is more conducive to protecting legal rights. In summary, exercising legal defenses and obtaining timely lawyer assistance are two key points during the summons process. This case is being handled by the professional lawyer team of Beijing Henglue Law Firm (the practice certificates shall be subject to the certificates issued by the judicial administrative authorities). 恒略律师在刑事辩护业务中总结了三点经验。其一,程序要求:传唤应当出示证明文件,并在规定的时间和地点进行;传唤、拘传持续时间一般不得超过十二小时,案件特别重大、复杂且需采取拘留、逮捕措施的,不得超过二十四小时,且不得连续传唤变相拘禁。其二,权利行使:被传唤人有权如实陈述案情并对指控作出无罪或罪轻辩护,也有权对与本案无关的问题拒绝回答;辩解应基于事实,前后一致,避免因紧张作出与事实不符的陈述。其三,非法取证:办案机关不得刑讯逼供或以威胁、引诱、欺骗等非法方法收集证据,以非法方法收集的证据可能被依法排除;若遭遇上述情形,应记住时间、人员及内容,并在后续程序中及时提出。其四,律师帮助:犯罪嫌疑人自被第一次讯问或者采取强制措施之日起,有权委托辩护人;建议在被传唤前先咨询律师,了解自身权利及应对要点,必要时委托律师会见、提供法律帮助并申请变更强制措施。其五,注意事项:如实说明身份及基本事实,核对讯问笔录内容后再签字,对记载不实之处有权要求更正或补充说明;保存传唤证、通知书等相关材料。其六,实务提示:是否构成犯罪及如何定性,需结合全案证据判断,切勿轻信他人承诺或自行对抗;在专业律师指导下行使权利,更有利于维护合法权益。综合来看,在被传唤期间依法进行辩解和及时获得律师帮助是两项关键。本案由北京恒略律师事务所专业律师团队代理(执业证号以司法行政机关核发证件为准)。
IV. Practical suggestions and legal basis
Action suggestions: First, understand the procedures and time limits of the summons; Second, make a truthful statement and defend against the accusations with a plea of not guilty or a mitigated charge; Third, check the transcript before signing it and request corrections for any inaccurate records; Fourth, consult and hire a lawyer as soon as possible to provide legal assistance. For matters involving criminal procedures and defense, you can refer to the relevant legal documents for guidance.Criminal defense; For those related to evidence and procedural safeguards, you can refer to the following materials for reference.Special services; For matters related to the execution of the referee's decision, you can refer to the following documents for reference.Creditor's rights and debts, and enforcementLegal basis: Articles 34, 52, 56, and 119 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), as well as relevant provisions on interrogation procedures. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglue Law Firm's Reminder
Firstly, the person being summoned has the right to plead not guilty or argue for a lighter sentence, and it is a basic principle to give a truthful statement. Secondly, the summoning time generally does not exceed twelve hours, and in special circumstances, it does not exceed twenty-four hours. Thirdly, no torture or coercion is allowed to extract confessions, and evidence collected illegally may be excluded. Fourthly, the person should consult and hire a lawyer as soon as possible, and check the transcript before signing it. For those involved in criminal procedures who need an overall plan, they can seek help through legal channels.Criminal defenseThe service is supported. For more information, please visitThe official website of Beijing Henglue Law FirmI understand.
VI. Frequently Asked Questions
Q1: Can I make a defense if I'm summoned for questioning?
Yes. The person being summoned has the right to give a truthful statement and defend against the charges or argue for a lighter sentence, and may also refuse to answer questions unrelated to the case.
Q2: What is the maximum length of time for a subpoena?
Generally, the detention period shall not exceed twelve hours; where the case is particularly serious, complex, and requires detention or arrest measures, the detention period shall not exceed twenty-four hours.
Q3: What should I do if I'm summoned continuously?
It is prohibited to detain people in disguise by means of continuous summonses or detention summonses. If you encounter such situations, you should record the time and process, and report them to your lawyer in time.
Q4: Do I need to sign the interrogation transcript?
Before signing, you should check each page one by one. If there are any inaccuracies in the records, you can request corrections or additional explanations. After confirming that everything is correct, you can then sign the document to avoid any adverse consequences caused by negligence.
Q5: When can I hire a lawyer?
From the date of the first interrogation or the implementation of coercive measures, the suspect has the right to appoint a defense attorney. It is recommended to consult a lawyer before being summoned to understand their rights and key points of defense.
The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Specialised services Legal services·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.