Approval of arrest is a mandatory measure in criminal investigation. Arrest is one of the most severe coercive measures in criminal proceedings. It not only deprives criminal suspects and defendants of their personal freedom, but also detains the arrested person unless they should not be held criminally responsible and meet the conditions for changing coercive measures after arrest. The judgment of the People's Court shall take effect.
Criminal Procedure Law:
Article 85: When the public security organ requests the arrest of a criminal suspect, it shall write a letter approving the arrest and submit it to the same level together with the case file materials and evidence. Reviewed and approved by the People's Procuratorate. When necessary, the People's Procuratorate may send personnel to participate in the discussion of major cases by the public security organs.
Article 86 The People’s Procuratorate may interrogate criminal suspects after reviewing and approving the arrest. Under any of the following circumstances, the criminal suspect shall be interrogated:
(1) There is doubt as to whether the conditions for arrest are met;
(2) The criminal suspect requests to present himself to the prosecutor stated.
(3) There may be major illegal acts during the investigation activities.
When reviewing and approving an arrest, the People's Procuratorate may question witnesses and other litigation participants and listen to the opinions of the defense lawyer; if the defense lawyer makes a request, the People's Procuratorate shall listen to the opinions of the defense lawyer.
Article 87: Whether to review and approve the arrest of a criminal suspect shall be decided by the People’s Procuratorate. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 88: After reviewing a case submitted by the public security organ for approval of arrest, the People's Procuratorate shall decide whether to approve the arrest or not according to the circumstances. The public security organs shall immediately implement the decision to approve the arrest and promptly notify the People's Procuratorate of the implementation status. If it disapproves the arrest, the People's Procuratorate shall explain the reasons. If additional investigation is required, it shall also notify the public security organs.
Article 89: If the public security organ deems it necessary to arrest a detained person, it shall submit the matter to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the approval time may be extended by one to four days.
For major suspects who commit crimes on the fly, commit crimes multiple times, or conspire to commit crimes, the time for review and approval can be extended to 30 days.
The above content refers to Baidu Encyclopedia? Approve arrest