According to Article 80 of the Criminal Procedure Law, the arrest of a criminal suspect or defendant must be approved by a people's procuratorate or decided by a people's court and executed by a public security organ.
When approving or deciding to arrest, the nature, circumstances, confession and lighter punishment of the criminal suspect and defendant should be taken as factors to consider whether social danger may occur. If there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is intentional crime or the identity is unknown, it shall be arrested.
Extended data:
The relevant requirements of criminal proceedings stipulate that:
1. Before the investigation of a case ends, if the defense lawyer makes a request, the investigation organ shall listen to the opinions of the defense lawyer and record them. If a defense lawyer puts forward a written opinion, it shall attach a volume.
2, the public security organs to investigate the end of the case, it should be clear about the facts of the crime, the evidence is true and sufficient, write a prosecution opinion, together with the case files and evidence, transferred to the people's procuratorate at the same level for examination and decision; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.
3. In the process of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
Haining people's procuratorate-criminal procedure law