Will a criminal detention case be opened if there is insufficient evidence?

Innocence means absolutely no record. Generally refers to a person's past record of illegal or criminal behavior. Also known as the criminal record system, in Chinese law it generally refers to the archival records of criminal judgments. Criminal records are generally stored in the public security department for preservation. If a citizen is merely detained by a judicial authority and there is no evidence to prove a crime, he is acquitted.

Legal Analysis

If there is insufficient evidence during criminal detention, the person must be released promptly. The public security organs shall interrogate the detainee within 24 hours after detention. If it is found that the person should not be detained, he shall be released immediately and a release certificate shall be issued. During the course of the investigation, if it is discovered that the criminal suspect should not be held criminally responsible, the case shall be withdrawn; if the suspect has been arrested, he shall be released immediately, a release certificate shall be issued, and the People's Procuratorate that originally approved the arrest shall be notified. If bail is pending, there will be no case in which a final penalty decision will be made in accordance with the law. Bail pending trial is only a criminal coercive measure in criminal proceedings. Bail pending trial is a temporary coercive measure taken against a criminal suspect during criminal proceedings. The People's Court, People's Procuratorate and If the public security organ decides to release a criminal suspect or defendant on bail pending trial, it shall order the criminal suspect or defendant to provide a guarantor or pay a deposit. Criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changes in compulsory measures. After receiving the application, the People's Court, People's Procuratorate and Public Security Bureau shall make a decision within three days; if they do not agree to change the compulsory measures, they shall inform the applicant and explain the reasons. Criminal detention is a safeguard measure in criminal proceedings and a litigation act. Its purpose is to ensure the smooth progress of criminal proceedings and is not punitive in itself.

Legal Basis

Article 16 of the "Criminal Procedure Law of the People's Republic of China" has one of the following circumstances, and there is no need to pursue criminal liability. If it has been pursued, the case should be dismissed, Or not to prosecute, or to terminate the trial, or to acquit: (1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The crime has passed the statute of limitations for prosecution) The crime has passed the statute of limitations for prosecution; ( 3) Those who are exempted from punishment after special pardon; (4) Those who are not prosecuted or the complaint is withdrawn for crimes that are handled in accordance with the criminal law; (5) The criminal suspect or defendant dies; (6) Those who are exempted from criminal liability under other legal provisions of.