A detailed introduction to criminal coercive measures, what are criminal coercive measures

Legal Analysis: Compulsory criminal measures are measures taken by the state to authorize the public security organs to restrict a certain degree of personal freedom from criminal suspects and defendants in order to protect criminal activities. China's criminal coercive measures are listed in descending order from least severe to severe, including:

There are five types of coercive measures, namely, release on bail pending trial, residential surveillance, detention, and arrest, and the five different coercive measures are applicable to different situations prescribed by law.

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

Article 66: Based on the circumstances of the case, people's courts, people's procuratorates, and public security organs may issue custodial summonses, release on guarantee pending further investigation, or residential surveillance of criminal suspects or defendants.

Article 95: After a criminal suspect or defendant is arrested, the people's procuratorate shall still conduct a review of the necessity of detention. Where it is not necessary to continue detention, it shall be recommended that they be released or that the compulsory measures be modified. The relevant organs shall notify the people's procuratorate of the disposition within 10 days.

"Criminal compulsory measures" refers to all kinds of compulsory methods used by public security organs, people's procuratorates, and people's Zhaosong courts to restrict or deprive criminal suspects or defendants of their personal liberty in accordance with law in order to ensure the smooth conduct of criminal proceedings. China's criminal coercive measures include five types: custodial summons, release on bail pending further investigation, residential surveillance, detention, and arrest.

Legal basisArticle 99 of the Criminal Procedure Law of the People's Republic of China.

People's courts, people's procuratorates, or public security organs shall release, lift release on guarantee, residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose legally-prescribed period of compulsory measures has expired. Criminal suspects or defendants, their legally-designated persons, close relatives, or their defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.

Criminal coercive measures include the following:

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

2. Release on bail pending further investigation.

Release on guarantee pending further investigation refers to a compulsory measure taken by the investigating organ ordering a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he will not evade or obstruct the investigation, and to be available at all times.

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 would 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 babies, and are released on bail pending further investigation will not be a danger to society;

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

3. Residential surveillance.

refers to a compulsory method used by the people's courts, people's procuratorates, and public security organs in the course of criminal proceedings against criminal suspects or defendants, ordering them not to leave their residence or residence without authorization, and to monitor and control their activities;

4. Detention. Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive a person of personal liberty of an active offender or a major suspect in the course of investigation of a case directly accepted by the public security organs or people's procuratorates when they encounter a statutory emergency;

5. Arrest. "Arrest" refers to a compulsory measure whereby public security organs, people's procuratorates, and people's courts deprive criminal suspects or defendants of their personal liberty and detain them in accordance with law, in order to prevent them from committing acts that obstruct criminal proceedings, evade investigation, prosecution, or trial, or cause danger to society.

Criminal compulsory measures are methods used by the state to restrict a certain degree of personal liberty of criminal suspects or defendants in order to ensure the smooth conduct of investigation, prosecution, and trial activities.

There are five types of criminal coercive measures in China: custodial summons, release on bail pending further investigation, residential surveillance, detention, and arrest. In order to ensure the smooth conduct of criminal proceedings, criminal justice organs must enjoy the right to take compulsory measures against criminal suspects and defendants.

Brief introduction to the conditions for release on bail pending trial:

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 may be imposed, and release on bail pending further investigation will not cause danger to society.

3) Women who should be arrested in accordance with the law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or breastfeeding their own babies.

4) Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient.

5) Criminal suspects or defendants who have already been arrested and detained cannot conclude the case within the legally-prescribed time limits for investigation and detention, review for prosecution, and first-instance or second-instance trials, and the adoption of the method of release on guarantee pending further investigation is not harmful to society.

6) Criminal suspects who hold valid passports or other valid exit documents and may leave the country to evade investigation, but do not need to be arrested.

China's criminal compulsory measures are listed in order of severity from light to severe: custodial summons, release on bail pending further investigation, residential surveillance, detention, and arrest.

1. "Custodial summons" refers to a compulsory method used by public security organs, people's procuratorates, and people's courts to lawfully compel criminal suspects or defendants who have not been detained to appear in the case for interrogation. The maximum time for summons or custodial summons must not exceed 12 hours. Criminal suspects must not be covertly detained in the form of continuous summons or custodial summonses.

2. Release on guarantee pending further investigation, 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 the use of release on guarantee pending further investigation or residential surveillance will not cause danger to society.

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. Where a criminal suspect is arrested, the lawyer hired may apply for release on guarantee pending further investigation, and release on guarantee pending further investigation must not exceed 12 months.

3. "Residential surveillance" refers to a compulsory method used by the people's courts, people's procuratorates, and public security organs in the course of criminal proceedings against criminal suspects or defendants, ordering them not to leave their residence or residence without authorization, and to monitor and control their activities.

4. "Detention" refers to a compulsory measure where, in the course of investigation, the public security organs or people's procuratorates temporarily deprive them of the personal liberty of certain current criminals or major suspects in accordance with law in emergency situations.

5. The arrest or 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. For criminal suspects or defendants who have evidence to prove the facts of a crime and might be sentenced to imprisonment or higher, 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 where arrest is necessary, they should be immediately arrested in accordance with law.