Conditions for summoning a criminal suspect
1. When using a subpoena, you must strictly grasp the conditions of the subpoena.
A summons shall meet two conditions at the same time:
First, the suspect must be summoned and not appear in the case;
Second, failure to appear without justifiable reasons may affect the proceedings. If a criminal suspect has not been summoned or received a summons, or has been summoned, but cannot be present due to sudden reasons, such as natural disasters or major diseases, compulsory summons should not be adopted.
The arrest warrant is only for the suspect to appear in court for questioning. You must be careful when using constraints. If the suspect did not resist when he was forced to the case, he would not use bondage. Those who use restraints will not continue to use restraints once the suspect arrives at the case.
2. A criminal suspect who does not need to be detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation. In other words, the designated place should be the public security bureau, police station, grass-roots organizations and units of the city and county where the suspect was working and living at that time, and it is not allowed to go to other provinces, cities and counties.
3. When summoning or forcibly serving a criminal suspect, the certificate of the people's procuratorate or the public security organ must be produced. The certification documents include the summons notice for summoning the criminal suspect and the confirmation letter from the people's procuratorate and the public security organ to prove the identity of the investigator and perform the interrogation task.
4. Summoning a criminal suspect must strictly abide by the time stipulated by law, that is, the duration of summoning and summoning shall not exceed 12 hours, and the criminal suspect shall not be detained in disguised form by continuous summoning and summoning.
In civil litigation, the court can summon the parties according to law, and the specific summoning method depends on what procedure is applied to hear the case at this time. If the procedure is suggested, the summoning method is generally oral summoning, but if the trial is conducted through ordinary procedures, the parties need to be summoned.
The procedure for applying for court enforcement is:
1. If one party refuses to perform the judgment, the other party may apply to the people's court for execution;
2. If it is accepted, the people's court shall review it within 15 days from the date of receiving the written objection. If the reason is established, it shall make a ruling to cancel or correct it; If the reason is not established, the ruling shall be rejected;
3. Apply for reconsideration;
4. notify the person subjected to execution;
5. Implement enforcement. When taking enforcement measures, the enforcement personnel shall produce their certificates.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 1 19 of the Civil Procedure Law of People's Republic of China (PRC).
The prosecution must meet the following conditions: (1) the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.