Article 12 of the Criminal Procedure Law clearly stipulates that no one shall be found guilty without a judgment by the people's court according to law.
Arrest is only a procedure in criminal proceedings, which refers to the compulsory measures taken by public security organs and people's procuratorates to deprive criminal suspects of their personal freedom and detain them according to law in order to prevent them from obstructing criminal proceedings, evading investigation, prosecution and trial or causing social danger. ?
Even after the arrest, the case may be dismissed for lack of evidence. ?
Article 200 of the Criminal Procedure Law After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel deliberated according to the facts, evidence and relevant laws and regulations, and made the following judgment.
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made; ?
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made; ?
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence. ?
Extended data:
Conditions for arrest?
Criminal suspects and defendants who have evidence to prove criminal facts and may be sentenced to fixed-term imprisonment or more shall be arrested if bail pending trial is insufficient to prevent the following social dangers:
(a) New crimes may be committed; ?
(two) there is a real danger of endangering national security, public safety or social order; ?
(three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion; ?
(4) It is possible to take revenge on the victim, prosecutor or accuser; ?
(5) attempting to commit suicide or escape. ?
China People's Congress Network-People's Republic of China (PRC) Criminal Procedure Law
Shizuishan People's Procuratorate-Criminal Procedure Rules of People's Procuratorate (Trial)