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Chapter Summary

Stop-and-question is a police power used to clarify suspicions of minor offenses or of crimes ( fanzui), which results in a short limitation of personal freedom. This little researched power mirrors shuanggui, with which it shares various substantive similarities. This chapter reconstructs the genesis and evolution of the stop-and-question measure. According to the Criminal Procedure Law and SAPL, information about a suspect's conduct should be acquired using summons. Summons should constitute the first stage of criminal or public security investigations. In practice, a summons is used only after a suspect has been detained under stop-and-question, to extend the time limits for investigation artificially. This power is unlike both criminal and public security summons. In some areas, the new stop-and-question may exist more in theory than in practice. Elsewhere, police officers simply disregard the Rules, which they see as posing too many unnecessary restraints on investigations.

Keywords: Criminal Procedure Law; public security; public security investigations; shuanggui; STOP-AND-QUESTION



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