I. What is residential surveillance?
Residential surveillance means that in criminal proceedings, the People's Court, People's Procuratorate, and Public Security Bureau prohibit criminal suspects and defendants from leaving a designated residence or designated residence within a specified period of time, and impose strict restrictions on their behavior. A coercive measure to conduct surveillance and restrict their personal freedom.
2. What is the difference between residential surveillance and release on bail pending trial
1. Different periods
Residential surveillance: the maximum cannot exceed six months.
Residential surveillance: no longer than 12 months.
2. Can I apply for residential surveillance in a different place?
No application is allowed.
Bail pending trial: You can apply. The application subjects are criminal suspects, defendants, their legal representatives, close relatives and lawyers.
3. Execution in a different place
Residential surveillance: It shall be executed at the residence of the criminal suspect or defendant; if there is no fixed residence, it may be executed at a designated residence. (For those suspected of crimes endangering national security, terrorist activities, or particularly serious bribery crimes, if execution in a place of residential surveillance may hinder the investigation, they may also be executed in a designated residence with the approval of the People's Procuratorate at the next higher level or the public security agency).
Bail pending trial: the city or county where the criminal suspect or defendant resides.
4. The consequences of violating regulations are different
Residential surveillance: If the circumstances are serious, arrest can be made; if arrest is necessary, criminal suspects and defendants can be detained first.
Bail pending trial: If a security deposit has been paid, part or all of the security deposit will be confiscated, and depending on the circumstances, the criminal suspect or defendant will be ordered to repent, pay a new security deposit, provide a guarantor, or be placed under residential surveillance or arrested.
5. Whether the sentence can be deducted. Whether the sentence can be deducted from the sentence varies
Residential surveillance: The period of residential surveillance at a designated residence should be deducted from the sentence.
Being released on bail pending trial: cannot be deducted from the sentence.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 79 The time limit for the people's courts, people's procuratorates and public security organs to release criminal suspects or defendants on bail pending trial shall not exceed Twelve months, and the period of residential surveillance shall not exceed six months.
During the period of being released on bail pending trial or under residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal liability should not be pursued or the period of bail pending trial or residential surveillance has expired, the bail pending trial or residential surveillance shall be terminated in a timely manner. To terminate the release on bail pending trial or residential surveillance, the person released on bail pending trial or under residential surveillance and the relevant units shall be notified in a timely manner.
Article 99: When the statutory period for the people's court, people's procuratorate or public security organ to take compulsory measures against a criminal suspect or defendant expires, the bail pending trial, residential surveillance or compulsory measures shall be modified in accordance with the law. Criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to request the lifting of compulsory measures when the legal period for taking compulsory measures against the people's court, people's procuratorate or public security organs expires.