Article 97 of the Criminal Procedure Law of People's Republic of China (PRC)

Article 97 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.

The change of compulsory measures refers to the change of compulsory measures taken by judicial organs due to the change of case circumstances.

According to the laws of our country, if the defendant is released on bail pending trial or under residential surveillance, it should be revoked or changed if the situation changes. The defendant who is being detained for investigation, prosecution, first instance and second instance cannot be settled within the time limit prescribed by law, and if there is no social danger in taking measures such as obtaining a guarantor pending trial and residential surveillance, he may obtain a guarantor pending trial and residential surveillance. According to the law, if a detainee admits and corrects his mistake during his stay in judicial custody, the people's court may decide to terminate the detention in advance.

The nature of compulsory measures is preventive measures, not punitive measures. That is, the purpose of applying compulsory measures is to ensure the smooth progress of criminal proceedings and prevent criminal suspects and defendants from evading investigation and trial, destroying or forging evidence, continuing crimes and other acts that hinder criminal proceedings. Therefore, compulsory measures are essentially different from fines and administrative penalties.

Article 99 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court, people's procuratorate or public security organ shall release the criminal suspect or defendant whose compulsory measures have expired, obtain bail pending trial, place him under residential surveillance or change the compulsory measures according to law. When the statutory time limit for the people's court, the people's procuratorate or the public security organ to take compulsory measures expires, the criminal suspect, the defendant and his legal representative, close relatives or defenders have the right to demand the cancellation of compulsory measures.

Article 100 If the people's procuratorate finds that the investigation activities of the public security organ are illegal in the process of examining and approving the arrest, it shall notify the public security organ to correct it, and the public security organ shall notify the people's procuratorate of the correction.