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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. According to the relevant provisions of criminal procedure, residential surveillance refers to a compulsory measure taken by the people's procuratorate to order criminal suspects not to leave designated areas and to monitor their activities in order to ensure the smooth progress of investigation and prosecution work. Specifically, compulsory measures of residential surveillance may be employed against criminal suspects in 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 imposed, and failure to arrest would not cause danger to society; (3) The detained person needs to be arrested but the evidence does not meet the conditions for arrest; (4) should be arrested, but suffers from a serious illness; (5) Those who should be arrested, but are pregnant or breastfeeding their own infants; (6) The criminal suspect in custody cannot conclude the case within the statutory time limit for investigation and detention or review for prosecution, and it is necessary to continue the investigation or review for prosecution; (7) Holding a valid passport or other valid exit documents, and may leave the country to evade investigation, but do not need to be arrested. The decision on whether to adopt compulsory measures of residential surveillance is made by the public security organs, courts, or procuratorates. ]
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Definition of Residential Surveillance Residential surveillance refers to a compulsory measure taken by the people's courts, people's procuratorates, and public security organs in criminal proceedings to restrict criminal suspects or defendants from leaving their residence or designated residence for a specified period of time, and to monitor their behavior and restrict their personal freedom. Conditions for Residential Surveillance The 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: (1) Where a controlled release, short-term detention, or 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 residential surveillance will not cause danger to society. ]
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Residential surveillance refers to a compulsory measure taken by an investigative or judicial organ in a criminal proceeding to restrict a criminal suspect or defendant from leaving his or her residence or designated residence for a specified period of time, and to monitor his or her conduct and restrict his or her personal freedom. ]
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Residential surveillance means that you have to stay at home, you can't go out casually, you can't meet guests casually, and the public procuratorate and law are always on call for you, and you can't obstruct litigation. ]
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1. What does residential surveillance mean?
1. Refers to compulsory measures taken by the people's courts, people's procuratorates, or public security organs to restrict certain criminal suspects or criminal defendants from residing in designated areas and to monitor their movements. It is to be enforced by the public security organs. The applicable objects are the same as those applicable to the trial.
2. Legal basis: Article 74 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) 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.
2. What are the conditions for residential surveillance?
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 for He Zhi 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.
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Legal Analysis: Residential surveillance refers to a compulsory method whereby public security organs, people's procuratorates, and people's courts order arrested criminal suspects or defendants not to leave designated areas for a certain period of time, and to monitor their movements.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 75: 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) Must not destroy or fabricate evidence or collude 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.
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Legal Analysis: Residential surveillance refers to a compulsory method whereby the public security organs, people's procuratorates, and people's courts order arrested criminal suspects and defendants not to leave designated areas for a certain period of time, and to monitor their actions.
Legal basis: Criminal Procedure Law of the People's Republic of China" Article 66: Based on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under custodial summons, release on guarantee pending further investigation, or residential surveillance.
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Residential surveillance is home isolation.
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. >>>More
The period of residential surveillance is not more than six months. Where the period of residential surveillance is complete, the residential surveillance shall be immediately lifted. Article 79 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs shall not place criminal suspects or defendants under residential surveillance for a maximum of six months. >>>More
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. >>>More
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. >>>More
Isolation and residential surveillance are two different concepts. So, the meaning is not the same: >>>More