The right to arrest citizens is expressed in Citizen's Arrest, and the common law countries have the right to arrest citizens. This right actually came from the great navigation era, when people were at sea or on an unknown continent, causing the crime to be unable to inform the relevant security authorities in time and had to be arrested in private and tried by a court.
In Australia, both federal and state laws confer this right on citizens. This is stated in federal law:
Section s3Z of the crimes Act of 1914 grants powers of arrest for federal offences. Under this Act, one person can arrest another person,: The power to arrest for a Federal offence is granted by s.3Z of the Crimes Act 1914, on reasonable grounds, even if he is not a police officer and does not have an arrest warrant. Under the Act, a person who is not a police constable may, without warrant, arrest another person if they believe on reasonable grounds that:
(2) another person is committing or has just committed an indictable offence; and the other person is committing or has just committed an indictable offence; and
(3) the prosecution of another person by summons cannot: ensure the person's appearance in respect of the offence; prevent the repetition or continuation of the offence or the commission of other offences; and prevent the concealment, loss or destruction of evidence relating to the crime; (B) to prevent harassment or interference with persons who may be required to give evidence in proceedings relating to the offence; to prevent the fabrication of evidence relating to the offence; Or does not protect the safety or welfare of the person. Proceedings by summons against the other person would not: ensure the appearance of the person before a court in respect of the offence; prevent a repetition or continuation of the offence or the commission of another offence; prevent the concealment, loss or destruction of evidence relating to the offence; Prevent harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence; prevent the fabrication of evidence in respect of the offence; or would not preserve the safety or welfare of the person.
4. The arresting person must arrange for the arrested person and any property found on him to be delivered to police custody as soon as possible after his arrest. A person who arrests another person must, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, To be delivered into the custody of a constable.
The above legal provisions are too obscure to give some examples:
Example 1: the owner comes home and finds that the home was stolen, and the thief is still on the scene. At this time, the owner can use the "citizen's right to arrest" because burglary is a "indictable crime Indictable Offence".
Example 2: I walked in the street, came to a stranger, deliberately pushed himself, although he fell, but not hurt, legally "illegal harm Unlawful Assault," This "summary crime Summary Offence", which is legally lower than the "indictable offence Indictable Offence", cannot be used in such a case as the "right of arrest of a citizen"
Severe cases of use of the "right to arrest citizens":
On January 17, 2014, when former British Prime Minister Tony Blair spent money at a bar in London, a part-time bartender wanted to exercise "citizen arrest" to arrest him for "war crimes". The part-time bartender named Garcia (Twiggy Garcia) walked to Blair's table despite a colleague's block while he was gathering with his family and friends. Garcia laid his arm on Blair's shoulder and said to him, "Sir, because you launched a war of injustice against Iraq, I will exercise the right of citizen arrest to arrest you for crimes against peace." But his "act of righteousness" was rejected by Blair, the two men after a few words, Blair's son to find security, Garcia just quit, shortly after the bar. And this man is already the fifth person who wants to arrest Blair for war crimes.
Unlucky cases of the use of the "right to arrest citizens":
Russell Howarth, a activist in Sydney who opposes Uber, said Uber had exploited a loophole in the law to make money without paying licence fees and licence fees, leaving taxi and luxury car drivers in an unfair position. So between October 2014 and June 2015, Russell made nine citizen arrests of Uber's drivers and other acts of intimidation in 2016. Later, Uber sued Russell to the New State Supreme Court, saying he harassed drivers and passengers. The court eventually ordered him not to harass any more Uber drivers or passengers and to pay nearly A $ four hundred thousand in litigation fees.
It can be seen that the "citizen's arrest power" is a double-edged sword, and there is also a certain risk in carrying out the citizen's arrest power. If the police make use of the citizen's right to arrest someone but make a mistake in arresting someone, or accidentally arrest another person, it will lead to the prosecution of the arrested person. At this point, the arrested person is not the police, but the person who requires the police to enforce the civil arrest power.
Therefore, the use of the "right to arrest citizens" also takes into account the following:
Is it feasible for the police to intervene in this situation? If so, the police should be informed immediately, rather than individual action should be taken to stop the activity; if a citizen's right to arrest has been taken, will those around him be injured as a result? And are suspects, such as thieves, just one person? Would he have a weapon on him, would he hurt someone? When you arrest a thief, can you take him to the police station within the first time? Do you have enough evidence of the thief's theft?
If a decision is made to use a citizen's right of arrest, the following should be followed:
Clearly tell the offender that you are executing a citizen's arrest power and will keep him / her in custody until the police appear; call the police station; ask the offender to cooperate until the police arrive; Avoid the use of force, but minimize the use of force if necessary; after the arrest of a criminal, do not search or question him / her because your duty is to detain him until the police arrive; When the police arrived, tell them the details of the matter.
Does China have similar rights?
The answer is yes, and there is a very strong name for "writhing".
Article 82 of the Criminal procedure Law of the people's Republic of China provides that any citizen may immediately refer to the public security organ, the people's procuratorate or the people's court for handling:
Where a crime is being committed or is immediately discovered after the commission of the crime;
Wanted on the list;
Escaped from prison;
Being hunted down.
In other words, citizens will be caught on the spot illegal criminals forced to the judiciary to deal with. If the conditions are satisfied, the citizen shall have the right to do so. Writhing is not a compulsory measure, it needs to be sent to the judiciary. All of a sudden, I felt a lot of burden on my body.
