1. Conditions for not approving arrest in the Criminal Procedure Law According to the relevant laws of our country, if the criminal suspect does not meet the arrest conditions, the procuratorate shall not approve the arrest. The arrest conditions include the facts of the crime and the suspicion of the crime. A person may be sentenced to a term of imprisonment or more. Article 81 of the Criminal Procedure Law of the People's Republic of China: For criminal suspects and defendants who have evidence to prove the facts of the crime and may be sentenced to a penalty of imprisonment or more, bail pending trial is not sufficient to prevent the occurrence of the following social dangers: , should be arrested: (1) Those who may commit new crimes; (2) There is a real danger of endangering national security, public security or social order; (3) Those who may destroy or falsify evidence, interfere with witnesses' testimony or collude with confessions (4) Possible retaliation against the victim, reporter or accuser; (5) Attempting suicide or escaping. When approving an arrest or making a decision to arrest, the nature and circumstances of the suspect or defendant involved in the crime, as well as their confession and punishment, shall be taken into consideration as factors in determining whether social danger may occur. If there is evidence that the crime may be punished by a fixed-term imprisonment of more than ten years, or there is evidence that the crime may be punished by a fixed-term imprisonment of not less than 10 years, or if the crime is intentional or the identity is unknown, he shall be arrested. If a criminal suspect or defendant who is released on bail pending trial or under residential surveillance violates the regulations on release on bail pending trial or under residential surveillance, and the circumstances are serious, he may be arrested. Second, citizens who are wrongly arrested can apply for state compensation and take arrest measures, decide to withdraw the case, not prosecute, or decide to acquit and terminate criminal liability. The law stipulates: "Article 17 of the Law of the People's Republic of China on Human Rights and State Compensation" If the investigation, procuratorial, judicial organs, detention centers, prison management organs and their staff have any of the following infringements on personal rights when exercising their powers, Victims have the right to receive compensation: 1. Detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or detention measures are taken against citizens in accordance with the conditions and procedures stipulated in the Criminal Procedure Law, but the detention period exceeds the time limit stipulated in the Criminal Procedure Law. Withdrawing the case, not prosecuting, or acquitting the case and terminating the pursuit of criminal responsibility; 2. After taking measures to arrest a citizen, deciding to withdraw the case, not prosecuting, or acquitting the case and terminating the pursuit of criminal responsibility; 3. Retrial and changing the verdict to not guilty in accordance with the trial supervision procedures , execution of the original sentence; 4. Extorting confessions through torture or beating or abusing others, or instigating or indulging others in beating or abusing others, causing personal casualties to citizens; 5. Illegal use of weapons or police equipment causing personal casualties to citizens. To answer relevant legal questions, according to the relevant laws of our country, if the criminal suspect does not meet the arrest conditions, the procuratorate shall not approve the arrest. If the criminal suspect meets the arrest conditions, including criminal facts, the criminal suspect may be sentenced to a penalty of imprisonment or more. If you need legal help, readers are welcome to seek legal consultation. Legal objectives:
The Supreme People's Procuratorate recently announced the revised "People's Procuratorate Criminal Procedure Rules (Trial)", which regulates prosecutorial work in the new Criminal Procedure Law. The concept, connotation and other legal provisions are accurately defined in accordance with the spirit of legislation. The People's Procuratorate's Criminal Procedure Rules (Trial) defines "extorting a confession by torture", which stipulates that "extorting a confession by torture" refers to the use of corporal punishment or the use of corporal punishment in disguise to commit a crime. According to the provisions of the new criminal procedure law, the details of the act of obtaining a confession from a criminal suspect by using torture or other illegal methods, as well as using violence or threats to obtain a confession. Witness testimonies and victim statements collected by other illegal methods shall be excluded in accordance with the law and shall not be used as the basis for requesting, approving arrests, deciding to arrest, or transferring for review and prosecution, or initiating public prosecutions. "At the same time, it is stipulated that other illegal methods refer to methods that violate legal provisions and are equivalent to coercive methods such as torture and threats of violence to force criminal suspects to confess against their will. Define "especially serious bribery crime" "People's Procuratorate "Criminal Procedure Rules (Trial)" points out that one of the following circumstances is a particularly serious bribery crime: the suspected bribe amount is more than 500,000 yuan, the crime is egregious; it has a major impact on society; it involves major national interests.
Relevant professors from the Law School of Renmin University of China believe that this definition is more suitable for the actual economic development of our country, meets the needs of combating crime, and is also suitable for our country’s judicial practice over the years. The Regulations clearly stipulate that for particularly serious bribery criminal cases where the criminal suspect is detained or under residential surveillance, the investigation department of the People’s Procuratorate shall notify the detention center or public security agency in writing when sending the criminal suspect to a detention center or the public security agency to perform duties. Meetings with criminal suspects during the investigation period must be permitted by the People's Procuratorate. The investigation department of the People's Procuratorate shall put forward an opinion on whether to grant permission, report it to the chief prosecutor for a decision within three days, and reply to the defense lawyer. The regulations require that when the People's Procuratorate handles particularly serious bribery cases, it should notify the detention center, the public security agency of the place of residential surveillance and the defense lawyer after the circumstances that hinder the investigation have disappeared. The defense lawyer can meet with the criminal suspect without approval. For particularly serious bribery cases, the People's Procuratorate should allow defense lawyers to meet with criminal suspects before the investigation is concluded. The Supreme People's Procuratorate can interrogate defendants. The "People's Procuratorate's Criminal Procedure Rules (Trial)" further refines and clearly stipulates the Supreme People's Procuratorate's legal supervision of the Supreme People's Court's death penalty review activities in accordance with the law. According to regulations, the Supreme People's Procuratorate can interrogate defendants when necessary.