1, with different terms. Residential surveillance: no more than 6 months; Bail pending trial: no more than 12 months.
Can I apply for a different one? Residential surveillance: not applicable; Bail pending trial: you can apply. Applicable subjects, criminal suspects, defendants and their legal representatives, close relatives and lawyers.
3. The execution place is different. Residential surveillance: conducted at the residence of the criminal suspect or defendant; If there is no fixed residence, it can be executed at the designated residence (for crimes suspected of endangering national security, terrorist activities and particularly serious bribery crimes, execution at the residence may hinder the investigation, and it can also be executed at the designated residence with the approval of the people's procuratorate at a higher level or the public security organ). Bail pending trial: the city or county where the criminal suspect or defendant lives.
4. The consequences of violating the regulations are different. Residential surveillance: if the circumstances are serious, you can arrest; If it is necessary to arrest a high school tour, the criminal suspect or defendant may be detained first. Bail pending trial: if the deposit has been paid, part or all of the deposit will be confiscated, and the criminal suspect and defendant will be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor, or be under residential surveillance and arrested according to the circumstances.
5. Whether the sentence can be deducted is different. Residential surveillance: the term of residential surveillance at the designated residence is reduced to fixed-term imprisonment; Bail pending trial: no commutation.
What are the precautions for monitoring residence?
(a) the executing organ may adopt electronic monitoring, irregular inspection and other monitoring methods to supervise the return of criminal suspects and defendants who are under surveillance; During the investigation, the communication of the criminal suspect who is under surveillance can be monitored.
(2) The people's courts, people's procuratorates and public security organs shall keep criminal suspects and defendants under residential surveillance for a maximum of six months.
(3) During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.
The above is the relevant legal knowledge about "What is the difference between residential surveillance and bail pending trial". Do you understand the difference between residential surveillance and bail pending trial in terms of time limit, applicability, execution place, violation of results, commutation and so on?
legal ground
Article 66 of the Criminal Procedure Law The people's courts, people's procuratorates and public security organs may, according to the circumstances of a case, arrest a criminal suspect or defendant, obtain a guarantor pending trial or place him under residential surveillance.
Article 67 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
Article 74 The people's courts, people's procuratorates and public security organs may monitor the residence of a criminal suspect or defendant who meets the conditions for arrest and is under any of the following circumstances:
(1) Suffering from serious illness and unable to take care of themselves;
(2) Women who are pregnant or nursing babies;
(3) Being the sole supporter of a person who cannot take care of himself;
(four) because of the special circumstances of the case or the need to handle a case, it is more appropriate to take residential surveillance measures;
(five) the detention period expires, the case has not yet been settled, and it is necessary to take residential surveillance measures.
For those who meet the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, they can be placed under residential surveillance.
Residential surveillance shall be carried out by public security organs.