The lawyer asked you, does it mean you are guilty if you are arrested? Not necessarily. Please see the following explanation for details: Conditions for arrest Article 60 (Conditions for Arrest) of

The lawyer asked you, does it mean you are guilty if you are arrested? Not necessarily. Please see the following explanation for details: Conditions for arrest Article 60 (Conditions for Arrest) of the Criminal Procedure Law If other methods are not sufficient to prevent the occurrence of social dangers and arrest is indeed necessary, they should be arrested immediately in accordance with the law. If criminal suspects or defendants who should be arrested suffer from serious diseases or are pregnant or breastfeeding their own babies, they may be released on bail pending trial or placed under residential surveillance. Article 26 of the Implementation Regulations of the Six Agencies" The revised Criminal Procedure Law changes the original Criminal Procedure Law's provisions on arrest conditions from "the main criminal facts have been ascertained" to "there is evidence to prove the criminal facts." "There is evidence to prove that there are criminal facts" refers to the following situations: (1) There is evidence to prove that the crime has occurred; (2) There is evidence to prove that the crime was committed by the criminal suspect; (3) Evidence that the criminal suspect committed the crime It has been verified that the criminal fact can be one of several criminal acts committed by the criminal suspect. Article 77 of the Court’s Execution Interpretation: The People’s Court believes that the defendant has criminal facts that may be sentenced to fixed-term imprisonment or more. If measures such as bail pending trial and residential surveillance are insufficient to prevent the occurrence of social dangers, and arrest is indeed necessary, the arrest shall be made immediately in accordance with the law. Article 80 of the Court's Implementation Interpretation If the defendant meets one of the following circumstances, the people's court shall The court may change the compulsory measures: (1) Those who are seriously ill; (2) The case cannot be concluded within the time limit specified by law; (3) Women who are pregnant or breastfeeding their own babies. Article 86 of the Procuratorate's Criminal Procedure Rules. "If the criminal facts are clear, a penalty of imprisonment or more may be imposed, and measures such as bail pending trial or residential surveillance are insufficient to prevent social danger, and it is necessary to arrest a criminal suspect, the People's Procuratorate shall approve the arrest or decide to arrest the suspect" refers to evidence of the criminal facts. The following situations exist: (1) There is evidence to prove that a crime occurred; (2) There is evidence to prove that the crime was committed by the criminal suspect; (3) There is evidence to prove that the criminal suspect committed the crime, and it is verified to be true. "Criminal facts" can be the facts of a single criminal act or any of multiple criminal acts. Article 115 of the Procedural Regulations of the Public Security Organs: If there is evidence to prove that the criminal suspect has committed a criminal act and may be sentenced to a penalty of imprisonment or more, and measures such as bail pending trial and residential surveillance are insufficient to prevent social danger, and arrest is indeed necessary, the suspect shall be arrested in a timely manner. Petition for approval of arrest. If a criminal suspect who should be arrested suffers from a serious disease or is pregnant or breastfeeding his or her own baby, he or she may be released on bail pending trial or placed under residential surveillance. Article 116 of the Procedural Provisions of the Public Security Organs "There is evidence to prove that there are criminal facts" means that the following situations are met at the same time: (1) There is evidence to prove that the crime has occurred; (2) There is evidence to prove that the crime is suspected of being a crime (3) The evidence proving that the criminal suspect committed the criminal act is verified to be true. The crime may be one of several criminal acts committed by the suspect. [Interpretation] This article is about the conditions for arrest. Arrest is the most severe coercive measure and must meet certain conditions before it can be carried out. This article stipulates: "If there is evidence to prove the facts of a crime and a penalty of imprisonment or more may be imposed, and measures such as bail pending trial or residential surveillance are not sufficient to prevent social danger, and arrest is indeed necessary, the arrest shall be made immediately in accordance with the law." This provision Three conditions for arrest were clarified. First, there is evidence to prove the facts of the crime. Having evidence to prove the facts of the crime is the most basic condition for arrest, and it is also a condition that is difficult to grasp in practice. According to Article 26 of the "Regulations on Certain Issues in the Implementation of the Criminal Procedure Law" of the Six Agencies and Article 116 of the "Procedural Regulations of Public Security Organs in Handling Criminal Litigation Cases", there is evidence to prove the facts of the crime, which means that at the same time The following circumstances exist: (1) There is evidence to prove that the crime has occurred; (2) There is evidence to prove that the crime was committed by the criminal suspect; (3) There is evidence that the criminal suspect has committed the crime and the evidence has been verified to be true. The crime may be one of several criminal acts committed by the suspect. There are three meanings of having evidence to prove that a crime has occurred: 1. There is evidence to prove that a crime has occurred, that is, the crime has occurred and the crime has been proved by evidence. 2. There is evidence to prove that the criminal facts were committed by the criminal suspect, that is, there is an objective connection between the criminal facts and the criminal suspect, and there is evidence that the criminal suspect committed the criminal act. 3. The evidence proving that the criminal suspect committed the crime has been verified to be true, that is, the witness testimony, physical evidence, documentary evidence, victim’s statement, criminal suspect’s confession and excuse, appraisal conclusion, inspection, inspection transcript, audio-visual materials, etc. used as evidence have been Verified. The above three conditions must be met at the same time, otherwise it cannot be deemed that the criminal facts have been verified. The scope of the crime may be one of several criminal acts committed by the suspect. According to this provision, the criminal facts proved by the evidence can not only be all or the main criminal acts committed by the criminal suspect, but also the secondary criminal acts committed by the criminal suspect, or one of several criminal acts committed by the criminal suspect. one. However, the criminal act committed by the criminal suspect must be a crime punishable by a penalty of imprisonment or more under the criminal law. Secondly, the second arrest condition that may result in a sentence of not less than fixed-term imprisonment is that the criminal suspect may be sentenced to a punishment of not less than fixed-term imprisonment. This is an arrest condition for serious crimes. Although there is evidence to prove that the criminal facts are established, if the criminal suspect can only be independently sentenced to surveillance, criminal detention, or additional punishment based on the criminal facts, the criminal suspect still cannot be arrested. According to the principle of proportionality of crime and punishment, the law stipulates that "the possibility of a penalty of imprisonment or more" is one of the conditions for arrest. Just like sentencing based on the principle of proportionality of guilt and punishment, when taking coercive measures in criminal proceedings, one must also consider whether the crime committed is proportionate. Arrest is the most severe coercive measure to deprive a criminal suspect of his or her freedom. If the arrested criminal suspect is sentenced to a term of imprisonment or more, the time spent in arrest and custody will be deducted from the sentence; but if the criminal suspect is sentenced to a term of imprisonment or more, If it is unlikely, there is no need for arrest and detention in criminal proceedings. Judging from the arrest regulations of various countries, the possibility of being sentenced to a fixed-term imprisonment of more than one year is also one of the conditions for arrest. Some countries even stipulate that arrests can only be made if they are likely to be sentenced to a fixed-term imprisonment of more than one or two years." "a fixed-term imprisonment of more than one year" rather than a definite sentence of more than one year in prison. How to judge whether a prison sentence of more than one year is possible is mainly based on the criminal facts proved by the evidence. In practice, if the criminal suspect may be sentenced to a penalty of fixed-term imprisonment or more based on the criminal facts proved by the evidence, but when the people's court comprehensively considers other sentencing factors during the trial and sentences a penalty of less than fixed-term imprisonment, it cannot be deemed as a wrongful arrest. 3. It is necessary to arrest. The third condition for arrest is that "the adoption of measures such as bail pending trial and residential surveillance is not enough to occur in society, so arrest is necessary." This condition mainly refers to whether the criminal suspect or defendant can be prevented from becoming a social danger. If the use of bail pending trial, residential surveillance and other methods cannot prevent the occurrence of social dangers such as collusion of confessions, escape, hiding evidence, fabricating evidence, destroying evidence, interfering with witness testimony, suicide, threatening victims, continuing crimes, etc., then arrest is necessary; if Methods such as bail pending trial and residential surveillance can prevent criminal suspects and defendants from posing the above-mentioned social risks. Even if they meet the above two conditions, they should not be arrested. Even if the above two conditions are met, the arrest should not be made. Whether a criminal suspect or defendant poses a serious social danger is one of the important conditions for deciding whether to arrest. In judicial practice, the following factors should generally be considered: 1. Nature of the case. Generally speaking, the nature of the case is serious, the perpetrator is subjectively malignant, has great social harm, and is sentenced to a heavy penalty. The perpetrator is also prone to destroying evidence, forging evidence, colluding with confessions, evading investigation and trial, continuing to commit crimes, or even committing suicide. 2. The criminal suspect and defendant’s own situation. The criminal suspect and defendant's own situation refers to their performance before and after committing the crime and their personal situation. For example: multiple crimes or accidental crimes; intentional crimes or negligent crimes; consistent performance; whether there is a fixed occupation; age at the time of the crime, whether there is any remorse after the crime, etc. Generally speaking, recidivists, habitual offenders or people with criminal records are more dangerous to society than occasional offenders; people who commit intentional crimes are more dangerous to society than people who commit crimes by negligence; adults are more dangerous to society than minors; people who commit crimes are more dangerous to society; People who show no remorse are more dangerous to society than those who show remorse. 3. Other circumstances of the case. Other circumstances of the case include: whether the co-defendants have been captured and brought to justice; whether important evidence in the case has been collected; whether the criminal suspects and defendants know the names and addresses of the informants and witnesses, etc. If the co-defendants have not been brought to justice and some important evidence has not been collected and filed, it is more likely that the criminal suspects and defendants will collude with each other to confess, hide evidence, forge evidence, or destroy evidence. The criminal suspects and defendants know the information of the informants and witnesses. Name, address, retaliation and continued crime are more likely. The above three conditions for arresting criminal suspects and defendants are interrelated and indispensable. Only when these three conditions are met at the same time can criminal suspects and defendants be arrested. In judicial practice, only by strictly controlling arrest conditions can wrong and indiscriminate arrests be prevented. Paragraph 2 of this article is a special provision regarding the arrest of criminal suspects and defendants. For criminal suspects and defendants who are seriously ill, pregnant and breastfeeding babies under one year old and meet the above three arrest conditions and should be arrested, the public security organs may also release them on bail pending trial or place them under residential surveillance. This provision reflects the humanitarian spirit and is conducive to the treatment of criminal suspects or the healthy development and growth of fetuses and infants.