Under what circumstances can you arrest?

In today's society, glitz and extravagance, feasting, and rich people abound. Of course, they didn't get their money for nothing, but they also earned it through their own efforts. Everything has its opposite. There are rich people, and naturally there are poor people. Most poor people are lazy and unwilling to go out to work to make money, but they commit crimes when they need money. The police will arrest them according to law. Arrest is not an easy task, but also needs to be carried out under some special circumstances, such as depending on the conditions of arresting people. Lawyer Huainan has compiled detailed related contents, hoping to help you.

I. Under what circumstances can an arrest be made?

1. Criminal suspects and defendants who have evidence to prove the facts of the crime and may be sentenced to more than fixed-term imprisonment shall be arrested if bail is not enough to prevent the following social dangers:

(a) New crimes may be committed;

(two) there is a real danger of endangering national security, public safety or social order;

(three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion;

(4) It is possible to take revenge on the victim, prosecutor or accuser;

(5) attempting to commit suicide or escape.

2. If there is evidence to prove that there are criminal facts that may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts that may be sentenced to fixed-term imprisonment of more than 10 years, or if the crime is intentional, or the identity is unknown, it shall be arrested.

3. A criminal suspect or defendant who has been released on bail pending trial or under residential surveillance may be arrested if the circumstances are serious.

2. What are the circumstances in which the arrest is not approved?

1. The people's procuratorate shall make a decision not to approve the arrest.

(1) does not meet the arrest conditions stipulated in Article 79, Paragraph 1 of this Law.

1 If there is no evidence to prove that there is a criminal fact, the evidence available to the investigation organ is not up to the level of confirming that the criminal suspect has a criminal fact, or there is no evidence at all, or there is evidence but it cannot be mutually confirmed and verified, and the only conclusion that the criminal suspect has a criminal fact cannot be drawn, which does not meet the condition of "there is evidence to prove that there is a criminal fact", the investigation organ shall make a decision not to approve the arrest.

The suspect has no criminal facts. Including the criminal suspect's behavior is not a criminal act and does not have social harm; Although the criminal suspect's behavior is harmful to society, it is not criminally responsible according to the provisions of the criminal law, such as the behavior that is harmful to society by people under the age of 14, the behavior that is harmful to society by mental patients when they can't control or identify their own behavior, self-defense behavior, and emergency avoidance behavior. Although the criminal suspect's behavior is harmful to society, it is not considered a crime according to the provisions of the criminal law. Those who endanger society due to force majeure or unforeseeable reasons shall not bear criminal responsibility; Although there are criminal facts, they are not committed by criminal suspects. The above four situations all belong to the situation that the criminal suspect has no criminal facts, which does not meet the condition of "there is evidence to prove that there are criminal facts", and a decision should be made not to approve the arrest.

Although there is evidence to prove that there are criminal facts, but it is impossible to sentence the criminal suspect to more than fixed-term imprisonment, a decision not to approve the arrest should also be made.

Although there is evidence to prove that there are criminal facts, the criminal suspect may be sentenced to more than fixed-term imprisonment, but the methods of obtaining bail pending trial and monitoring residence are enough to prevent social danger. If there is no need for arrest, a decision shall be made not to approve the arrest.

(2) Under any of the circumstances specified in Article 15 of this Law.

Article 15 of the law stipulates:

1 Because the circumstances are obviously minor and the harm is not great, it is not considered a crime;

2. The crime has passed the limitation of prosecution;

(3) Being pardoned from punishment;

4. Failing to tell or withdraw a crime that should be dealt with according to the criminal law;

Where other laws provide for exemption from criminal responsibility, criminal responsibility shall not be investigated.

In these cases, criminal responsibility is not investigated, and of course, a decision not to approve the arrest must be made.

2. The people's procuratorate may make a decision not to approve the arrest.

According to the provisions of the second paragraph of Article 60 of this Law, the people's procuratorate may make a decision not to approve the arrest of a criminal suspect who is suffering from a serious illness or a pregnant woman who is breastfeeding her baby.

The idea of getting something for nothing is wrong. Labor can create wealth and bring happiness. You can't do things that endanger society and others because of lack of money or other reasons. Illegal crimes will be investigated and dealt with by public security organs. We should work hard, accumulate wealth and use it at the right time and place.