What are the conditions under the law for non arrest?

1.The conditions for not approving the arrest of a criminal suspect are:

According to article 143 of the "People's Procuratorate Rules of Criminal Procedure (Provisional)", the people's procuratorate shall make a decision not to approve the arrest or not to arrest a criminal suspect in any of the following circumstances: (1) the conditions for arrest are not met;

2) They have any of the circumstances provided for in article 15 of the Criminal Procedure Law.

2.The conditions under which an arrest may not be granted are:

According to article 144 of the "People's Procuratorate Rules of Criminal Procedure (Provisional)", a decision may be made not to approve arrest or not to arrest a criminal suspect in any of the following circumstances, if the crime suspected of a criminal suspect is relatively minor and there is no suspicion of other major crimes

1) They are preparatory offenders, suspended offenders, or excessively defensive, or excessively risk-avoiding;

2) First-time offenders with less subjective malice, accomplices or coerced accomplices in joint crimes, who voluntarily surrender after committing a crime, have meritorious service, or actively return stolen goods, compensate losses, or truly show remorse;

3) Criminal suspects in crimes of negligence show remorse after committing the crime, effectively control the losses, or actively compensate the losses;

4) The criminal suspect and the victim have reached a settlement agreement on the basis of the relevant provisions of the Criminal Procedure Law, and upon review it is found that the settlement is voluntary, lawful, and has already been performed or a guarantee has been provided;

5) The criminal suspect is a minor between the ages of 14 and 18 or a student in school, and he or she has shown remorse, and his family, school, or community, residents' committee, or villagers' committee has the capacity for guardianship or education;

6) Seniors over the age of 75.

The conditions for not approving a request for arrest are: the detainee has committed a crime that is obviously minor and does not require criminal responsibility; The alleged crime may be punishable by imprisonment or less, or there is no need for arrest; The suspected crime requires criminal responsibility, but the facts are unclear, the evidence is insufficient, and the evidence requirements for arrest are not met; Where it is a crime that warrants arrest, but it is truly a woman who is seriously ill or is pregnant or breastfeeding her own baby, arrest may not be approved.

Legal analysis

Failure to approve arrest refers to the fact that the relevant laws of China stipulate that the arrest of a person must be approved by the people's procuratorate or decided by the people's court, and shall be enforced 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. Where upon review the people's procuratorate finds that arrest should not be made, it shall make a decision not to approve the arrest in accordance with law.

The police should immediately release the detainees. If the public security organ has objections to the decision not to approve the arrest, it may request a reconsideration, and if the opinion is not accepted, it may also request a review by the people's procuratorate at the level above. The higher-level people's procuratorate shall immediately review it, make a decision on whether to change it, and notify the lower-level people's procuratorate and public security organ to enforce it.

The type of decision made by the people's procuratorate not to approve the arrest and the corresponding measures that the public security organs should take in accordance with law. When a people's procuratorate makes a decision not to approve the arrest of a criminal suspect submitted by a public security organ for approval, it is common in the following three situations:

1. The detained person is not suspected of committing a crime or the circumstances of the crime are obviously minor and do not need to be pursued for criminal responsibility;

2. The crime is suspected and the facts of the crime are clear, the evidence is credible and sufficient, and criminal responsibility needs to be pursued, but a sentence of imprisonment or less may be imposed, or there is no need to arrest;

3. The suspected crime needs to be pursued for criminal responsibility, but the facts are unclear, the evidence is insufficient, and the evidence requirements for arrest are not met;

4. Where it is a crime that warrants arrest, but it is truly a woman who is seriously ill or is pregnant or breastfeeding her own baby, the arrest may not be approved.

Legal basis

Criminal Procedure Law of the People's Republic of China》 Article 90: After the people's procuratorate conducts a review of a case submitted by the public security organ for approval of arrest, it shall make a decision to approve or not approve arrest based on the circumstances. The public security organs shall immediately enforce the decision to approve arrest and promptly notify the people's procuratorate of the execution situation. Where arrest is not approved, the people's procuratorate shall explain the reasons, and where it is necessary to supplement the investigation, it shall notify the public security organs at the same time.

Legal Analysis: 1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The facts are unclear and the evidence is insufficient; (3) First-time offenders, occasional offenders, or minors may be sentenced to a sentence of up to three years; (4) Congratulate the suspect who should be arrested, if he or she suffers from a serious illness, or if she is pregnant or breastfeeding her own baby; (5) In cases that conform to the criminal policy of blending leniency and severity, and are not arrested for direct prosecution when there is no need for arrest, the people's procuratorate may make a decision not to approve the arrest or not to arrest you.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 90: When a public security organ finds that the people's procuratorate's decision not to approve an arrest is in error, it may request a reconsideration, but the detained person must be released immediately. If the opinion is not accepted, a request for review may be submitted to the people's procuratorate at the level above.

The higher-level people's procuratorate shall immediately review it, make a decision on whether to change it, and notify the lower-level people's procuratorate and public security organs to enforce it.

The conditions for not approving arrest are: 1There is no evidence of the fact of a crime; 2.

The criminal suspect has no facts of the crime; 3.Although there is evidence to prove that the criminal suspect has committed a crime, but it is impossible to sentence the criminal suspect to imprisonment or more, a decision should be made not to approve the arrest; 4.Although there is evidence to prove the facts of a crime, and the criminal suspect may be sentenced to imprisonment or higher, but the adoption of the methods of "release on bail pending further investigation" or residential surveillance is sufficient to prevent the occurrence of danger to society, and there is no need for arrest, a decision should also be made not to approve the arrest.

The conditions for not approving arrest are: 1There is no evidence to prove that the crime was committed; 2.

The criminal suspect has no facts of the crime; 3.Where there is evidence to prove the facts of a crime, but it is impossible to sentence the criminal suspect to a sentence of imprisonment or higher, a decision should also be made not to approve the arrest; 4.Although there is evidence to prove the facts of a crime, and the criminal suspect may be sentenced to imprisonment or higher, the adoption of the methods of release on guarantee pending further investigation or residential surveillance is sufficient to prevent the occurrence of danger to society, and if there is no need for arrest, a decision should be made not to approve the arrest.