First, the absence of criminal facts does not constitute a crime, and arrest is not approved. After reviewing the case materials of the criminal suspect in criminal detention, the procuratorial organ believes that the facts proved by the evidence cannot prove that the criminal suspect is suspected of committing a crime. Since it is not suspected of committing a crime, of course, the arrest cannot be approved. If the arrest is not approved without criminal facts, the case will be terminated immediately, and the detention of the party concerned is wrongful detention, and the party concerned may apply for state compensation.
Two, the circumstances of the crime are obviously minor, and the arrest is not approved. The facts of the criminal suspect's behavior belong to criminal facts, but the circumstances are obviously minor. According to the criminal law, it can be regarded as a crime and not treated as a crime. If the arrest is not approved, the case will be closed, but according to the provisions of the State Compensation Law, it is not wrongful detention and will not receive state compensation.
Three, the evidence is not enough to identify the facts of the crime and not to approve the arrest. The detained criminal suspect is suspected of committing a crime, but the evidence collected is not enough to prove the facts of the crime, and the arrest is not approved because it does not meet the statutory conditions for arrest. In this case, the detained person will be released immediately, but the public security organ can take compulsory measures such as obtaining bail pending trial or monitoring residence to continue investigating the case, and the case cannot be concluded yet. Investigate the facts clearly, end the case and directly transfer it to the people's procuratorate for review and prosecution.
4. There is no need to detain or disapprove the arrest. That is, the facts of the criminal case suspected by the detained criminal suspect are clear and the evidence is sufficient, but the facts and circumstances are light, that is, it is not a felony or a serious case, and the criminal suspect has a good attitude of confessing and repenting, and will not endanger society again if he is not detained. Therefore, he will not approve the arrest without the necessity of detention. This includes criminal detention, public surveillance, and minor criminals who may be sentenced to fixed-term imprisonment of less than three years. In this case, the public security organs usually take the form of bail pending trial or residential surveillance to continue the investigation, and directly transfer it to the people's procuratorate for review and prosecution after the investigation is completed.
Five, the detainee suffering from serious illness is not suitable for detention and does not approve the arrest. If a detainee suffers from a serious illness, can't take care of himself or may be in danger at any time, or needs hospitalization, or suffers from an infectious disease, which is not suitable for detention, the procuratorate generally does not approve the arrest. In this case, the public security organs still take compulsory measures such as bail pending trial or residential surveillance, continue to investigate the case, and directly transfer it to the people's procuratorate for review and prosecution after the investigation is completed.