Applicable conditions: According to the first paragraph of Article 60 of the Criminal Procedure Law, if a criminal suspect or defendant meets the following conditions, he shall be arrested immediately: (1) If there is evidence to prove that there is a criminal fact; (two) may be sentenced to more than fixed-term imprisonment; (3) It is not enough to take measures such as obtaining a guarantor pending trial and monitoring residence to prevent social danger, but it is necessary to arrest. Procedure:
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The people's procuratorate stipulates that the people's procuratorate shall examine, approve or decide to arrest a criminal suspect, which shall be handled by the examination and arrest department. When examining and arresting a case, the examining and arresting department shall designate the case-handling personnel for examination. The case-handling personnel shall review the case file materials, make marking records, put forward opinions on approving or deciding to arrest, disapprove or not arrest, and report to the chief procurator for approval or decision after being audited by the person in charge of the department; Major cases shall be discussed and decided by the procuratorial committee. When approving or deciding to arrest a criminal suspect on behalf of the people's congress at the corresponding level, the people's procuratorate shall report to the presidium or the Standing Committee of the people's congress at the corresponding level for permission. When approving or deciding to arrest a criminal suspect, a deputy to the people's congress at a higher level shall report to the people's congress at the corresponding level for approval. If a criminal suspect who approves or decides to arrest is a deputy to a people's congress at a lower level, he may directly report it to the presidium or the Standing Committee of the people's congress to which the representative belongs for approval, or entrust the people's procuratorate at the same level of the people's congress to which the representative belongs for approval; The people's procuratorate at the county level shall report to the people's congresses of townships, nationality townships and towns for approving or deciding to arrest the criminal suspects. A criminal suspect who approves or decides to arrest a deputy to a people's congress at or above the second level shall apply for permission in accordance with the above-mentioned relevant provisions. When approving or deciding to arrest a criminal suspect who is a representative of a people's congress in a region other than the province, city or county (district) where the case-handling unit is located, he shall entrust the people's procuratorate at the same level of the people's congress to which the representative belongs to report for permission; Deputies to people's congresses at or above two levels shall entrust the people's procuratorate at the same level of the people's congress to which they belong to report for permission. Foreigners and stateless persons are suspected of committing crimes endangering national security, or cases involving political and diplomatic relations between countries, as well as cases where it is really difficult to apply the law and it is necessary to arrest criminal suspects, the people's procuratorates at the state and city levels shall examine and put forward their opinions and report them to the Supreme People's Procuratorate for review. After consulting the Ministry of Foreign Affairs, the Supreme People's Procuratorate decided to approve the arrest. If it is considered unnecessary to arrest after examination, a decision not to approve the arrest may be made directly. Cases of foreigners and stateless persons suspected of crimes other than those mentioned above shall be examined and put forward by the branch, state and municipal people's procuratorates and reported to the provincial people's procuratorates for examination. After consulting the foreign affairs department of the government at the same level, the Provincial People's Procuratorate decided to approve the arrest and reported it to the Supreme People's Procuratorate for the record. If it is considered unnecessary to arrest after examination, a decision not to approve the arrest may be made directly.
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According to the regulations of the public security organ, if it is necessary to apply for approval of the arrest of a criminal suspect, it shall be approved by the person in charge of the public security organ at or above the county level, and a written approval of the arrest shall be made in triplicate, which shall be transferred to the people's procuratorate at the same level for examination together with the case files and evidence. If the people's procuratorate does not approve the arrest and notify the supplementary investigation, the public security organ shall carry out the supplementary investigation according to the requirements of the supplementary investigation outline of the people's procuratorate. After the supplementary investigation, if the public security organ considers that it meets the conditions for arrest, it shall reapply for approval of arrest. If the people's procuratorate refuses to approve the arrest without justifiable reasons, the public security organ may request the people's procuratorate to explain the reasons. If the people's procuratorate decides not to approve the arrest, the public security organ shall immediately release the criminal suspect who has been detained after receiving the decision, and send the execution receipt to the people's procuratorate that made the decision within three days. If the public security organ considers it necessary to make supplementary investigation, request reconsideration or request review, it may change the criminal suspect who has been detained and refused to arrest into bail pending trial or residential surveillance. If the people's procuratorate decides not to approve the arrest and thinks that there is indeed a mistake that needs reconsideration, it shall make a "Submission for Reconsideration" within five days, and submit it to the people's procuratorate at the same level for reconsideration after being approved by the person in charge of the public security organ at or above the county level. If the opinions are not adopted and it is considered necessary to review, a "Request for Review" shall be made within five days. After being approved by the person in charge of the public security organ at or above the county level, it shall be submitted to the people's procuratorate at the next higher level for review together with the "People's Procuratorate Reconsideration Decision". The person in charge of the public security organ at or above the county level shall, after receiving the "Decision on Approval of Arrest" from the people's procuratorate, issue the "Arrest Warrant" and execute it immediately. The receipt for execution shall be delivered to the people's procuratorate that approved the arrest in time. If it cannot be executed, the receipt shall also be served on the people's procuratorate, and the reasons for the impossibility shall be stated. At the time of arrest, the arrested person must be shown an arrest warrant, and the arrested person must be ordered to sign (seal) the arrest warrant and keep his fingerprints. Refuse to sign (seal) or fingerprint, it shall be indicated.