What are the opinions of the procuratorate not to arrest lawyers?
Not approving the arrest means that the criminal procedure law of our country stipulates that the arrest of criminals must be approved by the people's procuratorate or decided by the people's court and executed by the public security organs. When a public security organ requests the arrest of a criminal, it must report to the people's procuratorate for approval. If the people's procuratorate considers that it should not be arrested after examination, it shall make a decision not to approve the arrest according to law. The public security organ shall immediately release the detainees. If the public security organ disagrees with the decision not to approve the arrest, it may request reconsideration. If the opinion is not adopted, it may also submit it to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review and make a decision on whether to change it, and notify the people's procuratorate at a lower level and the public security organ to implement it. Second, the people's procuratorate should make a decision not to approve the arrest (1), which does not meet the arrest conditions stipulated in Article 79 (1) of this Law. (1) if there is no evidence to prove that there is a criminal fact, the evidence held by the investigation organ cannot reach the level of determining that the criminal suspect has a criminal fact, or there is no evidence at all, or although there is evidence, the evidence cannot be mutually confirmed, and it is impossible to determine that the criminal suspect has a criminal fact. ② The suspect has no criminal facts. Including the criminal suspect's behavior is not a criminal act and does not have social harm; Although the criminal suspect's behavior is harmful to society, it is not criminally responsible according to the provisions of the criminal law, such as the behavior that is harmful to society by people under the age of 14, the behavior that is harmful to society by mental patients when they can't control or identify their own behavior, self-defense behavior, and emergency avoidance behavior. Although the criminal suspect's behavior is harmful to society, it is not considered a crime according to the provisions of the criminal law. Those who endanger society due to force majeure or unforeseeable reasons shall not bear criminal responsibility; Although there are criminal facts, they are not committed by criminal suspects. The above four situations are all cases without criminal suspects and criminal facts, which do not meet the condition of "there is evidence to prove that there are criminal facts", and a decision should be made not to approve the arrest. Today, although there is evidence to prove that there are criminal facts, it is impossible to sentence the criminal suspect to more than fixed-term imprisonment, and a decision should be made not to approve the arrest. (4) Although there is evidence to prove that there are criminal facts, the criminal suspect may be sentenced to more than fixed-term imprisonment, but it is enough to prevent social danger by taking measures such as obtaining a guarantor pending trial and monitoring residence. If there is no need for arrest, a decision shall be made not to approve the arrest. The procuratorate must have sufficient evidence to arrest the suspect. If the suspect cannot be convicted, the procuratorate will not arrest the suspect, but the public security organ can re-investigate the case and then apply to the procuratorate for arrest.