The People's Procuratorate of Chaoyang District in Beijing announced on Monday that wu has been arrested on suspicion of rape. Earlier, on July 31, Beijing chaoyang police reported that Wu had been detained on suspicion of rape.

From criminal arrest to approve arrest what process to need? Does foreign identity affect the arrest process?

Ask: What condition ability approves arrest?

Answer: According to our country criminal law provision, approve arrest to need to achieve at least 3 conditions.

First, there must be proof of criminal facts. Secondly, the statutory punishment may be sentenced to more than imprisonment. In addition, if the arrest is not approved, the suspect will have some social dangers, such as harassing the victim, interfering with witnesses to testify, colluding, destroying or falsifying evidence, committing new crimes, attempting to commit suicide or escape, etc.

A: In addition, in view of the rape may involve, legal punishment range respectively "three years shall be sentenced to fixed-term imprisonment of not more than ten years" and "shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death", if the suspect was charged with criminal facts of sentencing range for "shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death", according to the relevant provisions of the criminal procedure law related to have evidence of criminal facts, If he may be sentenced to fixed-term imprisonment of not less than ten years, he shall be arrested.

Ask: arrest arrive from criminal arrest, need to pass how many days commonly?

Answer: general individual is suspected of crime, the time that is detained is in commonly 3 days less than, can extend below special circumstance 1 to 4 days. In other words, public security organs can detain a suspect for up to seven days and submit a request to the procuratorate for approval of arrest within seven days. The procuratorate shall, within 7 days after receiving the written request for approval of arrest submitted by the public security organ, make a decision to approve or disapprove the arrest.

In addition, those who are suspected of committing crimes repeatedly, in wanderings or in groups may be detained for an extended period of up to 30 days. With the procuratorate's review and approval of 7 days, the maximum detention period before arrest can reach 37 days.

Ask: Wu mou fan is foreign personage, from criminal arrest to approve arrest what process need?

Answer: do not involve the case of foreigner or stateless person commonly, public security organ requests to approve arrest to procuratorate, procuratorate makes the decision that approves arrest or does not approve arrest can.

Arrests of foreigners are made on the basis of the alleged crimes.

If a foreigner is suspected of rape, the people's procuratorate that has decided to approve the arrest should generally report it to the people's Procuratorate at the next higher level for the record within 48 hours after making the decision, and at the same time report it to the foreign affairs department of the people's government at the same level. If the people's Procuratorate at the next higher level finds, after examination, that the decision to approve the arrest is wrong, it shall rectify it in time according to law.

Answer: In accordance with the provisions of China's criminal law, if a foreigner who has diplomatic privileges and immunities commits a crime and should be investigated for criminal responsibility, it should be solved through diplomatic channels.

In accordance with the provisions of the program for the criminal cases handled by the public security organs, foreign nationality suspects according to law, make a decision on a guarantor pending trial or residential surveillance or execute detention, arrest, by the provincial public security organ according to the relevant provisions of the name, sex, entry time, passport or id number, case occurrence of time, place, involving mainly the facts of the crime, The Ministry of Public Security shall notify the embassy or consulate of the country to which the foreigner belongs in China of the compulsory measures taken and the legal basis thereof.

Q: After the arrest, what might be the next step?

A: After the procuratorate approves the arrest, the public security organ will continue the investigation. The time limit for continuing investigation is usually two months. In addition, it is not ruled out that because the case is complex or involves a wide range of cases, evidence collection is difficult to extend the period of detention in investigation.

If the public security organ thinks the facts of the case are clear, the evidence is true and sufficient, it will bring the prosecution opinion, along with the case file materials and evidence, to the procuratorate for examination and prosecution.

If the public security organ finds that the case is in doubt, it may change the compulsory measure for the suspect to release him on bail pending trial and notify the procuratorate that approved the arrest at the same time. If the public security organ finds that the suspect may not have committed a crime, it may dismiss the case.

Ask: after being approved to arrest, when probably can prosecute?

Answer: there is still one stage of prosecution before the prosecution.

The general period for reviewing an indictment is one month. It can be extended by 15 days if the case is serious and complex. If the facts of the case are still unclear and the evidence is insufficient, the procuratorate may return the case to the public security organ for supplementary investigation, which is limited to one month. The prosecutor's office had two opportunities to return additional investigations. Then a decision must be made to prosecute or not to prosecute.

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