How residential surveillance should be carried out and the basis for the implementation of residenti

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.

Provisions of the Supreme People's Procuratorate and Ministry of Public Security on Issues Concerning the Application of Criminal Compulsory MeasuresWhere the People's Procuratorate decides to employ residential surveillance measures against a criminal suspect, it shall verify the residence of the criminal suspect. Where criminal suspects do not have a fixed residence, the people's procuratorate shall designate a place of residence for them.

After the people's procuratorate verifies the criminal suspect's residence or designates a place of residence, it shall draft a notice of enforcement of residential surveillance, and send the relevant legal documents and materials related to the cause of the case and the criminal suspect's basic circumstances to the public security organ at the same level as the criminal suspect's residence or residence for enforcement. The people's procuratorate may assist the public security organs in enforcement.

After the public security organs receive the relevant legal documents and materials, they shall immediately hand them over to the county-level public security organs for the criminal suspect's residence or residence for enforcement.

Criminal Procedure Law: Article 50: Based on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may summon criminal suspects or defendants, release them on guarantee pending further investigation, or place them under surveillance. Article 51: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation or placed under surveillance in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation or surveillance is employed, so that there is no danger to society. Release on guarantee pending further investigation and surveillance are to be carried out by the public security organs. Article 57: Criminal suspects or defendants under surveillance shall comply with the following provisions:

1) They must not leave their residence without the approval of the enforcement organ, and where they do not have a fixed residence, they must not leave the designated residence without approval; (2) They must not meet with others 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 confessions must not be colluded. Where a criminal suspect or defendant under surveillance violates the provisions of the preceding paragraph, and the circumstances are serious, they are to be arrested. Article 58: People's courts, people's procuratorates, and public security organs must not exceed 12 months for the release of criminal suspects or defendants on guarantee pending further investigation, and surveillance must not exceed 6 months.

During the period of release on guarantee pending further investigation or surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or surveillance has expired, release on guarantee pending further investigation or surveillance shall be promptly lifted. When release on guarantee pending further investigation or surveillance is lifted, the person released on guarantee pending further investigation or surveillance and the relevant units shall be promptly notified.

Article 59: The arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's court, and is to be enforced by the public security organs. Article 60: Where there is evidence to prove the facts of a crime and a sentence of imprisonment or higher might be given, the use of methods such as release on guarantee pending further investigation or surveillance is not sufficient to prevent the occurrence of danger to society, and there is a need to arrest them, they shall be immediately arrested in accordance with law. For criminal suspects or defendants who should be arrested, if they suffer from a serious illness, or if they are pregnant or breastfeeding their own babies, they may be released on guarantee pending further investigation or placed under surveillance. ]

Provisions that criminal suspects under residential surveillance shall comply with: (1) They must not leave their residence without the approval of the enforcement organ, and where they do not have a fixed residence, they must not leave their designated residence without approval; (2) Without the approval of the enforcement organ, they must not meet with anyone other than the co-resident or the lawyer they retained; (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 confessions must not be colluded. ]

Specifically, the local community corrections organization at the place of residence is responsible for implementation, for example, it may be used to locate the monitored person's mobile phone with GPS and randomly call the monitored person's mobile phone to monitor their movements. Or according to the address of the person being monitored, you can come to the door at any time to investigate. ]

Usually by the community's security guards, monitoring, ** tracking! ]

The Criminal Procedure Law positions residential surveillance as an alternative measure for arrest, and residential surveillance can only be applied if the criminal suspect or defendant meets the requirements for arrest but has special circumstances.

In accordance with article 74 of the Code of Criminal Procedure, these special circumstances include:

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

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

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

4) It is more appropriate to employ residential surveillance measures because of the special circumstances of the case or the need to handle the case: (5) Where the period of detention has expired and the case has not yet been completed, and it is necessary to employ residential surveillance measures.

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 circumstances described above.

In addition, residential surveillance may also be placed on those who meet the requirements for release on guarantee pending further investigation, but the criminal suspect or defendant is unable to provide a guarantor or pay a guarantee deposit.

Legal basis

Article 74 of the Li Peihan Law of the People's Republic of China on Criminal Procedure provides that the 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, he may be placed under residential surveillance. Residential surveillance is carried out by the public security organs.

Criminal suspects or defendants in 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 confessions must not be colluded.

6) Submit passports and other entry-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. Enforcement organs may employ surveillance methods such as electronic monitoring and unscheduled inspections to supervise the compliance of criminal suspects or defendants under residential surveillance; During the investigation, the communications of criminal suspects who are under surveillance may be monitored.

Article 111 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs.

When announcing a decision on residential surveillance, the public security organs shall inform the person under residential surveillance that they must comply with the following provisions: (1) They must not leave the premises where the residential surveillance is being carried out without the approval of the enforcement organ; (2) Without the approval of the enforcement organ, they must not meet with others or communicate in any way; (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 confessions must not be colluded. (6) Deliver passports and other entry-exit documents, identity documents, and driver's licenses to the enforcement authorities for safekeeping.