1, there is evidence that there is a criminal fact. This requires that there must be evidence to prove that a crime has occurred; And there is evidence to prove that the criminal facts are committed by criminal suspects; At the same time, these evidences must exist and be verified. Of course, arrest is different from conviction, and the standard of arrest is lower than conviction, as long as the evidence has been verified;
2, may be sentenced to more than fixed-term imprisonment. This is about the degree of punishment. According to the criminal facts proved by the existing evidence, combined with the relevant provisions of China's criminal law, it is preliminarily determined that the criminal suspect or defendant may be sentenced to more than fixed-term imprisonment and meet the conditions for arrest;
3. It is not enough to prevent social danger by taking measures such as obtaining a guarantor pending trial and monitoring residence, but it is necessary to arrest;
4. In addition, when approving or deciding to arrest, the nature, circumstances, confession and punishment of the suspected crime of the criminal suspect and the defendant should be taken as the factors to consider whether social danger may occur. The situation is as follows: (1) may commit new crimes; (two) there is a real danger of endangering national security, public safety or social order; (three) may destroy or forge evidence, interfere with the testimony of witnesses or collusion; ?
(4) It is possible to take revenge on the victim, prosecutor or accuser; (5) attempted suicide or escape. Since arrest is the most severe coercive measure, it can only be used when it is really necessary. Even if the parties meet the above two conditions, but taking bail or residential surveillance is enough to prevent them from endangering society, there is no need to arrest, and they should not be arrested. When arresting a person, the public security organ must produce an arrest warrant and immediately send the arrested person to a detention center for custody.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 91 Time limit for submission for examination and approval of arrest If the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
The contents of the above lawyers' popularization of law are for your reference. Because the background of each case or dispute is different, the solution may be different. In order to better help you solve the problem and protect your legitimate rights and interests, I suggest you consult a lawyer directly, explain the situation in detail, and let the lawyer provide you with a solution.