Current location - Recipe Complete Network - Healthy recipes - Has the subpoena been filed?
Has the subpoena been filed?
If you receive a subpoena, you have already filed a case.

Legal analysis

Article 119 of China's Criminal Procedure Law stipulates: "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."

Personal recommendation

After accepting a criminal case, the public security organ shall immediately file a case for investigation if it meets the conditions for filing a case. If you have received the relevant summons notice, it means that the relevant authorities have filed a case, and you must strictly abide by relevant laws and regulations in your life to avoid irreparable consequences due to ignorance. As an ordinary person, if there are problems in life, you must call in advance for consultation. However, it should be noted that many fraudsters will cheat by forging summons, so you must make sure in your life.

legal ground

Article 162 of the Procedures for Handling Criminal Cases by Public Security Organs: "After accepting a case, the public security organ thinks that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and the accepting unit shall make a criminal filing report and file the case with the approval of the person in charge of the public security organ at or above the county level.

Summon or arrest should be judged according to the circumstances of the crime. 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 certificates of the people's procuratorate or the public security organ shall be produced. Criminal detention can also be carried out at the same time as summoning, and only those who have been approved by legal procedures can be arrested.

Generally, detention is first, and then arrest. The summoned person shall appear in the case on time according to the summons requirements. Those who refuse to appear in the case without justifiable reasons shall bear the responsibilities prescribed by law. If the case is refused after being summoned according to law, the judicial organ may, according to the needs of investigation or judicial activities, take coercive measures according to law to force the suspect to attend the case.