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Is it necessary to be sentenced to arrest

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Is it necessary to be sentenced to arrest


        

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  • 2024-06-16 14:00:01

    not always. Approval of arrest is a compulsory measure, not the final result of the trial. Whether to sentence or not should be tried by the court.

    After being approved for arrest, criminal responsibility may not be investigated due to insufficient evidence or minor circumstances. However, this possibility is relatively small, because in general, the facts are clear and the evidence is true, and criminal responsibility needs to be investigated before arrest. Only when the procuratorate has mastered effective evidence can the court make a final conviction and be sentenced. In practice, the proportion of court's final conviction after the arrest is approved by the procuratorate is very high.

    Therefore, it cannot be said that once the procuratorate approves the arrest, it will definitely be sentenced.

    Legal basis

    Article 90 of the Criminal Procedure Law of the People's Republic of China, after examining a case submitted by a public security organ for approval of arrest, the People's Procuratorate shall, according to the circumstances, decide whether to approve or disapprove the arrest. The public security organ shall immediately execute the decision to approve the arrest and promptly notify the People's Procuratorate of the execution. If the people's procuratorate does not approve the arrest, it shall give reasons, and if supplementary investigation is necessary, it shall at the same time notify the public security organ.

    R***

    2024-06-16 14:00:01

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