(Effective Date:1979.02.23–Ineffective Date:)
Article 1. These Regulations are formulated in accordance with the provisions of Articles 18 and 47 of the Constitution of the People’s Republic Article 2. No citizen of the People’s Republic of China may be arrested except by decision of a people’s court or with the approval of a people’s Article 3. When it is necessary to arrest an offender the principal facts of whose crime have already been clarified and who could be sentenced If an offender liable to arrest is gravely ill or is a woman who is pregnant or is breast-feeding her own child, an alternative measure Article 4. The arrest of an offender, as decided by a people’s court or approved by a people’s procuratorate, shall be carried out by a public When a public security organ demands the arrest of an offender, it shall obtain the approval of a people’s procuratorate. Article 5. When a public security organ arrests an offender, it must hold an arrest warrant and announce the arrest to the person to be arrested. Article 6. In any of the following emergency circumstances, a public security organ may first detain a major suspect or an active criminal who, (1) if he is in the process of preparing to commit a crime, is committing a crime or is discovered immediately after committing a (2) if he is identified as having committed a crime by the victim or by an eyewitness; (3) if he is found to have criminal evidence on his person or at his residence; (4) if after committing a crime, he attempts to commit suicide or to escape or is already a fugitive; (5) if he may possibly destroy or falsify evidence, or collude with others to devise a consistent story; (6) if his identity is unclear and there is strong suspicion that he is a person who goes from place to place committing crimes; or (7) if he is engaged in beating, smashing, looting or raiding and is gravely undermining work, production or public order. Article 7. Any citizen may forthwith seize the following offenders and deliver them to a public security organ, a people’s procuratorate or (1) a person who is in the process of committing a crime or is discovered immediately after committing a crime; (2) a person who is wanted for arrest; (3) a person who has escaped from prison; or (4) a person who is being pursued for arrest. Article 8. In cases where a public security organ considers it necessary to arrest an offender whom it has detained, it shall, within three If the public security organ or the people’s procuratorate has not handled a matter in accordance with the provisions of the preceding Article 9. In dealing with offenders who resist arrest or detention, the personnel carrying out the arrest or detention may take proper coercive Article 10. In order to look for criminal evidence when arresting or detaining an offender, the public security organ may conduct a search of During a search, the person being searched or his family members, as well as his neighbours or other witnesses shall be present. After Article 11. When a people’s court, a people’s procuratorate or a public security organ considers it necessary to seize the mail and telegrams Article 12. The people’s court, the people’s procuratorate or the public security organ must conduct interrogation of the arrested or detained Article 13. The people’s procuratorate shall investigate and deal with persons responsible for any unlawful arrest, detention or search of a Article 14. The provisions of these Regulations are not applicable to detentions executed by the public security organs as administrative sanctions Article 15. These Regulations shall go into effect on the day of their promulgation. The Regulations on Arrest and Detention of the People’s
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