Will you still go to jail for residential surveillance?

Surveillance of residence will still be sentenced. Residential surveillance is a criminal compulsory measure, and criminal suspects and defendants who are under residential surveillance still have to be sentenced to punishment. If the facts of the crime are clear and the evidence is really sufficient, the people's court will sentence the criminal suspect or defendant who is under residential surveillance.

1. Does residential surveillance count as criminal detention?

1, residential surveillance is not criminal detention. Residential surveillance and criminal detention are two independent criminal compulsory measures, and the public security law can decide to take residential surveillance or criminal detention measures against the parties according to the needs of handling cases. The longest period of residential surveillance is six months, and the longest period of criminal detention is thirty-seven days. Residential surveillance and criminal detention should be carried out separately.

2. Legal basis: Article 79 of People's Republic of China (PRC) Criminal Procedure Law.

People's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail for more than twelve months, and shall not keep them under residential surveillance for more than six months.

During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.

Second, will residential surveillance be sentenced to actual punishment?

Whether monitoring residence will be sentenced to actual punishment depends on the situation. The analysis is as follows:

1, under normal circumstances, residential surveillance will not be sentenced;

2. During the period of residential surveillance, the case-handling organ will continue to carry out investigation, prosecution and trial, and those who are guilty will be sentenced according to law.

For specific issues, the relevant judicial departments will give clear regulations. Whether to impose a penalty or not, residential surveillance is only a compulsory measure in criminal proceedings, which does not mean that criminal suspects and defendants must be guilty. The people's court may make a judgment after the defendant is acquitted according to law.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 79 of the Criminal Procedure Law of People's Republic of China (PRC).

People's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail for more than twelve months, and shall not keep them under residential surveillance for more than six months.

During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.