Whether there is evidence of a crime is required to be placed under residential surveillance

Hello, Article 72 of China's Criminal Procedure Law stipulates the conditions for residential surveillance, and the premise is that for "criminal suspects and defendants who meet the conditions for arrest", according to the law, the "arrest conditions" include the following three aspects: 1. There is evidence to prove the facts of the crime; 2 may be sentenced to imprisonment or more; 3. The use of methods such as release on bail pending further investigation and residential surveillance is not sufficient to prevent the occurrence of danger to society, and arrest is necessary. Therefore, the evidence of the crime you mentioned is only one of the elements, and a criminal suspect or defendant can only be arrested if he meets the above three conditions at the same time.

After meeting the conditions for arrest, the statutory circumstances of residential surveillance still need to be met.

Relevant legal provisions: Article 72 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under residential surveillance who meet the requirements for arrest and have any of the following circumstances:

1) Suffering from a serious illness and unable to take care of themselves;

2) Women who are pregnant or breastfeeding their own infants;

3) is the sole supporter of a person who is unable to take care of himself;

4) Because of the special circumstances of the case or the needs of handling the case, it is more appropriate to employ residential surveillance;

5) The period of detention is complete, the case has not yet been completed, and it is necessary to employ residential surveillance.

Where the requirements for release on guarantee pending further investigation are met, but the criminal suspect or defendant is unable to provide a guarantor or pay a guarantee deposit, residential surveillance may be met.

Residential surveillance is carried out by the public security organs.

Residential surveillance is not a compulsory measure taken by the people's courts, people's procuratorates, or public security organs in criminal proceedings to restrict criminal suspects or defendants from leaving their residence or designated residence within a specified period of time, and to monitor their conduct and restrict their personal freedom.

Article 74 of the Criminal Law: People's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under residential surveillance in any of the following circumstances who meet the requirements for arrest: (1) Those who suffer from a serious illness and are unable to take care of themselves; (2) Women who are pregnant or breastfeeding their own infants; (3) is the sole supporter of a person who is unable to take care of himself; 4) Because of the special circumstances of the case or the needs of handling the case, it is more appropriate to employ residential surveillance; 5) The period of detention is complete, the case has not yet been completed, and it is necessary to employ residential surveillance. Where the requirements for release on guarantee pending further investigation are met, but the criminal suspect or defendant is unable to provide a guarantor, and does not pay a guarantee deposit, residential surveillance may be met.

Residential surveillance is carried out by the public security organs.

Legal analysis: criminal detention and residential surveillance will not have a case record, criminal detention and residential surveillance are some of the compulsory measures used in the investigation stage of a criminal case, and it cannot be determined that the party is guilty, and only after the trial of the court will the party be found guilty will there be a case record.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 275: Where a person was under the age of 18 at the time of the crime and was sentenced to up to five years imprisonment, the relevant criminal record shall be sealed. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions.

Units conducting inquiries in accordance with law shall keep the circumstances of the sealed criminal records confidential.