Is there a guarantee of personal safety for a person under residential surveillance?

According to the Criminal Procedure Law, residential surveillance is a compulsory measure taken by the people's courts, people's procuratorates, and public security organs to restrict criminal suspects or defendants from leaving their residence or designated residence within a specified period of time during criminal proceedings, and to monitor their behavior and restrict their personal freedom.

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 colluded confessions;

6) Submit passports and other entry and exit documents, identity documents, and driver's licenses to the enforcement authorities for safekeeping.

Persons under residential surveillance must not leave the residential surveillance residence without approval. 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 the criminal suspect under residential surveillance may be monitored. The personal safety of persons under residential surveillance is of course guaranteed.

Being placed under residential surveillance means that you have violated the law, cannot move freely in politics, and lacks personal freedom, but your safety is absolutely guaranteed.

Legal Analysis: Residential surveillance refers to a compulsory method whereby public security organs, people's procuratorates, and people's courts order criminal suspects or defendants not to leave their residences or designated residences without authorization, and to monitor their freedom of movement.

According to the provisions of the Criminal Procedure Law, the scope of application of residential surveillance is the same as that of release on bail pending further investigation. For criminal suspects or defendants who meet the legally-prescribed requirements, the public, procuratorate, and judicial organs may release them on guarantee pending further investigation, or they may also place them under residential surveillance, and the specific decisions of the public, procuratorate, and judicial organs are to be made on the basis of the circumstances of the case, but must not be applied to the same person at the same time.

Legal basis: Article 57 of the Criminal Procedure Law of the People's Republic of China: Criminal suspects or defendants under residential 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) 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, fabricated, or colluded confessions must not be made.

Where a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph, and the circumstances are serious, they are to be arrested.

They must not meet with others without the approval of the enforcement organs. Other persons here refer to family members who live with the person under residential surveillance and persons other than the lawyer they retained. If a person under residential surveillance wants to meet with others, he or she must obtain the approval of the enforcement organ before doing so.

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. The so-called "residence" refers to the lawful residence of the criminal suspect or defendant in the city or county where the case-handling organ is located. The so-called "residence" refers to the residential residence designated by the case-handling organ in the city or county where the case-handling organ is located on the basis of the circumstances of the case.

If the person under residential surveillance has a legitimate reason to request to leave the residence or designated residence, it must be approved by the public security organs. Where a people's court or people's procuratorate decides to place a person under residential surveillance, the public security organs shall obtain the consent of the decision-making organ before making a decision to approve it. The so-called legitimate reason refers to the fact that the person under residential surveillance has legitimate reasons such as medical treatment or funeral.

Public security and judicial organs must not establish special places of residential surveillance to covertly detain criminal suspects. Residential surveillance must not be carried out in detention centers, administrative detention centers, detention rooms, or other workplaces.

The place of residential surveillance does not have to be at home. It could be hospitals, mainly for suspects who are sick. There are public security officers all around.