Whether the suspect can collect evidence on his own during the period of release on bail pending tri

If the evidence is insufficient and the arrest is not approved, the case will be closed only if it is clearly proved that he is not guilty. Where the people's procuratorate makes a decision not to approve the arrest, the public security organs shall immediately release them after receiving the notice. For those who need to continue the investigation and meet the requirements for release on guarantee pending further investigation or residential surveillance, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

If there is a mistake, a reconsideration may be requested, but the detainee must be released immediately.

There are several circumstances in which the procuratorate did not approve the arrest of Shi Yanyou.

1. Preparing for the offense, suspending the offense, or defending excessively or avoiding danger;

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

3. Criminal suspects who have committed crimes of negligence, have shown remorse after committing the crime, effectively control losses, or actively compensate Zaoxun for losses;

4. The criminal suspect and the victim reach a settlement agreement in accordance with the relevant provisions of the "Criminal Procedure Law of the People's Republic of China", and upon review, it is found that the settlement is voluntary, lawful, and has been performed or a guarantee has been provided;

5. The criminal suspect is a minor or student who has reached the age of 14 but is not yet 18 years old, and he or she has shown remorse, and his family, school, or community, neighborhood committee, or village committee has the capacity for guardianship or education;

6. Elderly persons over the age of 75;

7. Those who suffer from serious illnesses and are unable to take care of themselves.

Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China.

The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation 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 will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68.

People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Meaning of supplementary investigation. Supplementary investigation refers to providing sufficient evidence for the handling of the case, and on the basis of the original investigation work, re-investigating the deficiencies or weaknesses of the original investigation work. China's Criminal Procedure Law stipulates that if the people's procuratorate examines a case and finds that it is necessary to supplement the investigation, it may conduct the investigation on its own or return it to the public security organ for supplementary investigation.

In a case where a public prosecution is initiated, if the people's court finds that the main facts are unclear and the evidence is insufficient, it may return it to the procuratorate for supplementary investigation.

Criminal Procedure Law: Article 79: People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months. During the period of release on guarantee pending further investigation or residential 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 residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted.

When release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be notified when the balance is closed.