1. Is it ok to arrest after residential surveillance?
If a criminal suspect
1. Is it ok to arrest after residential surveillance?
If a criminal suspect or defendant violates the provisions of Article 77 of the Criminal Procedure Law during the period of residential surveillance, if the circumstances are serious, compulsory measures can still be changed and arrested.
Criminal suspects and defendants living under surveillance shall abide by the following provisions:
(1) Not to leave the residential place under surveillance without the approval of the executing organ;
(two) without the approval of the executive organ, shall not meet with others or correspondence;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion;
(six) the passport and other entry and exit documents, identity documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant living under surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested.
Second, what are the circumstances of lifting residential surveillance?
1. The people's courts, people's procuratorates and public security organs shall keep criminal suspects and defendants under residential surveillance for a maximum of six months. During the period of residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of residential surveillance expires, the residential surveillance should be lifted in time. When releasing residential surveillance, it shall promptly notify the residential surveillance unit and relevant units.
2. If the term of residential surveillance expires or it is found that the criminal suspect should not be investigated for criminal responsibility, the residential surveillance shall be lifted or revoked.
3. The removal or revocation of residential surveillance shall be proposed by the case-handling personnel, reviewed by the department head and decided by the procurator-general.
4. The decision to remove or remove residential surveillance shall be notified to the executing organ, and the decision to remove or remove residential surveillance shall be served on the criminal suspect.
5. The people's procuratorate shall make a decision within seven days if the criminal suspect and his legal representative, close relatives or lawyers entrusted by the criminal suspect think that the residential surveillance has exceeded the statutory time limit. After examination, it is considered that the legal time limit has exceeded, and with the approval of the procurator-general, the residential surveillance shall be lifted; If the examination fails within the statutory time limit, the applicant shall be given a written reply.
Both residential surveillance and arrest are criminal compulsory measures, but in terms of intensity, compulsory arrest is greater than residential surveillance. If you are arrested and detained and later sentenced, your sentence can be reduced. However, in residential surveillance, in the future, only those who are under residential surveillance at designated residences can be sentenced according to law. It is generally impossible to monitor residence.
It should be noted that although bail pending trial is one of the compulsory measures in criminal cases in China, not all criminals can be placed under residential surveillance. If criminals violate relevant laws and regulations after being placed under residential surveillance, they can also be arrested with the approval of judicial organs.