How to deal with the improper discovery of changing arrest into bail pending trial

A was arrested by the procuratorate for intentional injury (serious injury). Later, the public security organ released him from bail pending trial because of his serious illness, and reported the decision on bail pending trial to the procuratorate for the record. The procuratorial organ thought that A's illness was not serious and the public security organ changed the compulsory measures improperly, so it put forward rectification opinions to the public security organ. Case: Disagreement: There are two different opinions on whether the procuratorial organ should inform the public security organ to take A back into custody or go through the formalities of approving the arrest again. The first opinion is that the public security organ should be notified to directly detain A. The reason is: Article 386 of the Criminal Procedure Rules of the People's Procuratorate of the Supreme People's Procuratorate (hereinafter referred to as the Rules) stipulates: "If the people's procuratorate finds that the public security organ or public security personnel have violated the law in the activities of investigating or deciding, executing, changing or lifting compulsory measures, it shall promptly put forward corrective opinions." In this case, the public security organ changed the arrest of A to bail pending trial, and changed the compulsory measures improperly. After the procuratorial organ put forward rectification opinions in time, the public security organ took A into custody in time. The second opinion is that the public security organ should re-apply to the procuratorial organ for approval of arrest. A. Comments: The author agrees with the second opinion. The reason is: Paragraph 3 of Article 104 of the Rules stipulates: "The people's procuratorate shall re-apply for the arrest of a criminal suspect who has been released because of the cancellation of the original decision to approve the arrest, or who has been changed by the public security organ into a criminal suspect who has been released on bail pending trial and is under residential surveillance after arrest." Article 32 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Relevant Issues Concerning the Application of Criminal Compulsory Measures (hereinafter referred to as the "Provisions") stipulates: "If the case put on file for investigation by the public security organ changes the arrested criminal suspect to bail pending trial or residential surveillance, and it is found that it is necessary to arrest, the public security organ shall re-apply for approval of the arrest." The above provisions are aimed at finding new reasons for the need to arrest after the change of bail pending trial. The special case of this case is that the procuratorial organ thinks that the change of compulsory measures is improper and puts forward rectification opinions. The key to deal with this situation is how to correctly understand the effectiveness of the decision to approve arrest and the decision to get bail pending trial. The author believes that the measures taken by the public security organs to obtain bail pending trial are changes to the compulsory measures for arrest. Once the decision on obtaining bail pending trial is made and announced to the parties, it will take legal effect. At the same time, regardless of whether the decision on obtaining bail pending trial is correct or reasonable, the decision on approving arrest will also lose legal effect, and the arrest measures can no longer be implemented. It is illegal to detain the suspect again according to the previous arrest decision. Therefore, the public security organ must go through the formalities of approving the arrest again. (Author: Luquan City Procuratorate, Hebei Province)