After being placed under residential surveillance, whether they should be taken into custody after b

After the arrest is approved, they must be taken to prison, and when the public security organs arrest a person, they must present an arrest warrant. After arrest, the arrested person shall be immediately sent to the detention center for detention.

With reference to article 77 of the Criminal Procedure Law of the People's Republic of China, criminal suspects or defendants under residential surveillance shall comply with the following provisions:

1) Must not leave the premises for residential surveillance without the approval of the enforcement organs;

2) Must not meet with others or communicate without the approval of the enforcement organ;

3) Promptly appear in the case at the time of arraignment;

4) Witnesses must not be interfered with in any form to testify;

5) Evidence must not be destroyed or fabricated or colluded confessions;

6) Submit passports and other entry and exit documents, identity documents, and driver's licenses to the enforcement authorities for safekeeping.

Where a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph, and the circumstances are serious, they may be arrested; Where it is necessary to arrest the criminal suspect or defendant, the criminal suspect or defendant may be detained in advance.

With reference to article 80 of the Criminal Procedure Law of the People's Republic of China, the arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's court, and enforced by the public security organs.

Referring to article 87 of the Criminal Procedure Law of the People's Republic of China, when a public security organ requests the arrest of a criminal suspect, it shall write a written request for approval of arrest and send it to the people's procuratorate at the same level for review and approval, together with the case file materials and evidence. When necessary, the people's procuratorate may appoint personnel to participate in the public security organs' discussions of major cases.

With reference to Article 93 of the Criminal Procedure Law of the People's Republic of China, when a public security organ arrests a person, it must present an arrest warrant. After arrest, the arrested person shall be immediately sent to the detention center for detention. Except where there is no way to give notice, the family of the arrested person shall be notified within 24 hours of the arrest.

In this case, they will be sent to a detention center instead of being sent to prison.

According to article 64 of the Criminal Procedure Law of the People's Republic of China, "The people's courts, people's procuratorates and public security organs may, on the basis of the circumstances of the case, custodial summons, release on guarantee pending further investigation, or residential surveillance of criminal suspects or defendants. ”

Article 79 stipulates that "where there is evidence to prove the facts of a crime and a criminal suspect or defendant may be sentenced to imprisonment or higher, and release on guarantee pending further investigation is not sufficient to prevent the occurrence of the following dangers to society, he shall be arrested." ”

It can be seen that compulsory measures generally include custodial summons, release on bail pending further investigation, residential surveillance, detention, and arrest.

Custodial summons: A compulsory method used by public security organs, people's procuratorates, and people's courts to compel criminal suspects or defendants who have not been detained to appear in the case for interrogation.

Release on guarantee pending further investigation: A compulsory measure whereby a people's court, people's procuratorate, or public security organ orders certain criminal suspects or criminal defendants to provide a guarantor or pay a guarantee deposit to ensure that they will be available with the summons. It is to be enforced by the public security organs.

Residential surveillance: A compulsory measure whereby a people's court, people's procuratorate, or public security organ restricts a criminal suspect or defendant from leaving his or her residence or designated residence within a specified period of time during criminal proceedings, and monitors his or her actions and restricts his personal freedom.

Detention: Compulsory measures temporarily taken by public security organs or people's procuratorates against current criminals or major suspects during the investigation of a criminal case.

Arrest: A compulsory measure implemented by the people's procuratorate or people's court to deprive a criminal suspect of his or her personal liberty for a certain period of time and transfer him to a certain place for detention.

Therefore, after being arrested after residential surveillance, they will be held in a detention center instead of being taken into custody.

Arrestees approved by the court are not to be taken to prison, and are generally detained in detention centers.

Legal Analysis: They will not be sent to a detention center before being placed under residential surveillance. Residential surveillance is generally carried out at the person's residence or at a designated mountain rental residence.

Residential surveillance refers to a compulsory measure whereby the people's courts, people's procuratorates, and public security organs restrict criminal suspects or defendants from leaving their residence or designated residence for a specified period of time during criminal proceedings, and monitor their conduct and restrict their personal freedom. People's courts, people's procuratorates, and public security organs must not place criminal suspects or defendants under residential surveillance for a maximum of six months.

Legal basis: Article 72 of the Criminal Procedure Law of the People's Republic of China: 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 serious illnesses 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 measures of surveillance and residence.

Where the requirements for release on guarantee pending further investigation are met, but the criminal suspect or defendant is unable to provide a guarantor, nor does he pay a guarantee, he may be placed under residential surveillance.

In this case, they will be sent to a detention center instead of being sent to prison.

Imprisonment is a kind of activity of taking prisoners into prison, which is the beginning of the execution of criminal punishments. However, after the arrest has been approved in accordance with the law, the court has not yet tried the case, in this case, there will be no criminal punishment, and naturally there will be no situation of being taken into custody and promoted to prison.

However, after arrest is approved under residential surveillance, they are often sent to a detention center where the criminal suspect or defendant is detained and their personal liberty is restricted.

The law is based on suspicion].

Article 77 of the Criminal Law Procedural Law, where a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; Where it is necessary to arrest the criminal suspect or defendant, the criminal suspect or defendant may be detained in advance. Spike is cautious.