Residential surveillance will be lifted as soon as it takes

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.

During the period of residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted.

Residential surveillance must not exceed a maximum of six months. The specific time is based on the circumstances of the case and the opinions of the personnel handling the case, the head of the department reviews it, and the chief procurator decides.

1. Who is the subject of residential surveillance?

According to the provisions of the Criminal Procedure Law, release on bail pending further investigation and residential surveillance are mainly applicable in the following situations:

1. Based on the nature and circumstances of the crime the criminal suspect or defendant is suspected of, the criminal suspect or defendant may be sentenced to controlled release, short-term detention, or independently applying a supplementary punishment.

2. Criminal suspects or defendants may be sentenced to fixed-term imprisonment or higher, but release on guarantee pending further investigation or residential surveillance will not cause danger to society.

3. Where there is evidence to prove the facts of a crime, the suspected crime might be sentenced to a sentence of imprisonment or higher, and the use of methods such as release on guarantee pending further investigation or residential surveillance is not sufficient to prevent the occurrence of danger to society, and there is a need to arrest the criminal suspect or defendant, he shall be arrested in accordance with law. At the same time, it is stipulated that criminal suspects or defendants who meet the requirements for arrest but suffer from serious illnesses, or women who are pregnant and breastfeeding their own babies may be released on guarantee pending further investigation or placed under residential surveillance without arrest. It should be noted that the law provides for such persons not to be arrested, but not to be arrested, and the judicial authorities decide on a case-by-case basis.

Some criminal suspects or defendants who should be arrested may also be arrested even if they suffer from serious illnesses or are pregnant or breastfeeding their own babies, and if they are not arrested, they may pose a great danger to society.

4. If, after detaining a criminal suspect, the investigating organ discovers that it is necessary to arrest but the evidence is insufficient, in order to help protect the lawful rights and interests of citizens and to facilitate the judicial organs' struggle against crime, such a person may be released on bail pending further investigation or placed under residential surveillance without arrest.

II. How to lift residential surveillance.

The Criminal Procedure Law of the People's Republic of China stipulates that the people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail pending further investigation for a maximum of 12 months, and residential surveillance shall not exceed six 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.

Where 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 promptly notified.

Where criminal suspects or defendants and their legally-designated persons, close relatives, or lawyers or other defenders retained by criminal suspects or defendants exceed the legally-prescribed time limit for compulsory measures taken by the people's courts, people's procuratorates, or public security organs, they have the right to request that the compulsory measures be lifted. People's courts, people's procuratorates, or public security organs shall release criminal suspects or defendants who have been subject to compulsory measures beyond the legally-prescribed time period, release them on guarantee pending further investigation, residential surveillance, or modify the compulsory measures in accordance with law.

The people's procuratorate's rules of criminal procedure stipulate that the lifting or revocation of residential surveillance shall be made by the case-handling personnel, reviewed by the head of the department, and decided by the chief procurator. The decision to lift or revoke residential surveillance shall be notified of enforcement.

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.

When the time expires, the mandatory measures will be lifted; If he is imprisoned, he will be released naturally; If the case is withdrawn or no prosecution is not prosecuted, a notice of lifting residential surveillance will be issued at the same time.

Hello, the facts of the case are clearly investigated, and the residential surveillance measures will be lifted when there is no need to bear criminal responsibility or should bear criminal responsibility in accordance with the law!

1. Where a criminal suspect is placed under residential surveillance, it shall be released after a maximum of six months, or it may be lifted on its own initiative with the consent of the public security organs or people's procuratorate. 3. 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 granted. 3. Residential surveillance shall be carried out by the public security organs.

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 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 to be carried out by Zheng Guan, the source of the public security organ.

Legal analysis: The maximum period of residential surveillance shall not exceed 6 months. Residential surveillance is to be decided by the people's courts, people's procuratorates, and public security organs, and is to be enforced by the public security organs with the approval of the responsible person for that organ.

The specific operational procedures are: The judicial staff undertaking the case submits an opinion, reports it to the responsible person of the department for review, and after approval by the leadership, drafts a written decision on residential surveillance, which should clearly state the name, address, and other identity status of the suspect or defendant who committed the crime of imitating slipping, the matters that the person under residential surveillance should comply with and the legal consequences of violating the provisions, the name of the enforcement organ, and other such content, and make a public announcement to the person under residential surveillance. Ready to go.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 74: 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 granted. Residential surveillance is carried out by the public security organs.

Residential surveillance is to be decided by the people's courts, people's procuratorates, and public security organs, respectively, and with the approval of the person responsible for that organ, and enforced by the public security organs. The specific operational procedures are: The judicial staff undertaking the case submits an opinion, reports it to the responsible person of the department for review, and after approval by the leadership, drafts a written decision on residential surveillance, which should clearly state the name and address of the criminal suspect or defendant, the matters that the person under residential surveillance should comply with and the legal consequences of violating the provisions, the name of the enforcement organ, and other such content, and announce it to the person under residential surveillance.

The maximum period of residential surveillance shall not exceed 6 months.

Legal basis

Article 74 of the Criminal Potato Ridge Procedure Law provides that a criminal suspect or defendant may be placed under residential surveillance if the conditions 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 is carried out by the public security organs.