What does the procuratorate think about whether to arrest or not?

According to Article 60 of the Criminal Procedure Law, the people's procuratorate approved the arrest: "For criminal suspects and defendants who have evidence to prove the facts of the crime and may be sentenced to more than fixed-term imprisonment, measures such as bail pending trial and residential surveillance are not enough to prevent social danger, but if they need to be arrested, they should be arrested immediately according to law." This provision specifies three conditions for arrest (1). Having evidence to prove the existence of criminal facts and having evidence to prove the existence of criminal facts are the most basic conditions for arrest, and they are also difficult to grasp in practice. (2) The second condition for arresting a criminal suspect who may be sentenced to more than fixed-term imprisonment is that the criminal suspect may be sentenced to more than fixed-term imprisonment, which is an arrest requirement in terms of the seriousness of the crime. Although there is evidence to prove that there is a criminal fact, if the criminal suspect can only be sentenced to public surveillance, criminal detention or independent application of supplementary punishment according to this criminal fact, the criminal suspect can still not be arrested. (3) It is not enough to prevent social danger by taking measures such as obtaining a guarantor pending trial and monitoring residence. Even if the criminal suspect has the first two conditions, it is necessary to consider whether it is enough to prevent social danger and ensure the smooth progress of the lawsuit by means of bail pending trial and residential surveillance. If you think that measures such as bail pending trial and residential surveillance are enough to prevent social danger, there is no need to arrest the suspect. In practice, the third condition of arrest is ignored, which should be paid attention to.

Arrest is a compulsory measure to completely deprive the criminal suspect and defendant of their personal freedom within a certain period of time, with the approval or decision of the procuratorate and the court and carried out by the public security organ, when there is evidence to prove that there is a criminal fact and that they may be sentenced to more than fixed-term imprisonment.

Arrest is one of the most severe compulsory measures in criminal proceedings. It not only deprives suspects and defendants of their personal freedom, but also detains the arrested person until the judgment of the people's court takes effect, except that they should not be investigated for criminal responsibility and meet the conditions for changing compulsory measures after arrest. Correct and timely use of arrest measures can play an important role in cracking down on crimes and maintaining social order, effectively prevent criminal suspects and defendants from colluding, destroying or falsifying evidence, committing suicide, fleeing or continuing crimes, help to collect evidence comprehensively, find out the case, confirm the crime, and ensure the smooth progress of investigation, prosecution and trial activities. Therefore, arrest is an important means to combat crime. However, if indiscriminate arrest, mistaken arrest and indiscriminate arrest are applied, innocent people will be injured, citizens' personal rights and democratic rights will be violated, the dignity and authority of the socialist legal system will be destroyed, and the prestige of the public security and judicial organs will be damaged. Therefore, we must adhere to the criminal policy of "less arrest" and "careful arrest" and try our best not to waste or be vertical. We can neither stop arresting, nor arbitrarily arrest by arresting instead of investigating. If an innocent person is wrongly arrested, the victim shall be compensated in accordance with the provisions of the State Compensation Law.