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Can residential surveillance be converted into prison term

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Can residential surveillance be converted into prison term


        

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  • 2024-06-06 07:00:49

    If residential surveillance does not completely deprive the criminal suspect of his personal freedom, the period of residential surveillance shall not be converted into a term of imprisonment. However, residential surveillance at a designated residence may be converted into a term of imprisonment. If a person is sentenced to public surveillance, one day of residential surveillance shall be converted into one day of imprisonment; If a person is sentenced to criminal detention or fixed-term imprisonment, two days of residential surveillance shall be converted into one day of his sentence.

    1、 Residential surveillance refers to a compulsory measure taken by the people's court, the people's procuratorate, and the public security organ in criminal proceedings to order criminal suspects and defendants not to leave their residence or designated residence within a specified period of time, and to monitor their actions and restrict their personal freedom.

    2、 Criminal suspects and defendants under residential surveillance shall observe the following provisions:

    (1) Not to leave the place where residential surveillance is carried out without the approval of the executing organ;

    (2) Without the approval of the executive organ, they shall not meet with others or communicate with each other;

    (3) Arrive at the case in time when being summoned;

    (4) Do not interfere with the witness in any form;

    (5) They shall not destroy or forge evidence or collude with others;

    (6) Submit the passport and other entry and exit certificates, identity documents and driving certificates to the executive organ for preservation.

    [Legal Basis]

    In Article 76 of the Criminal Procedure Law of the People's Republic of China, the term of residential surveillance at the designated residence shall be converted into the term of imprisonment. If a person is sentenced to public surveillance, one day of residential surveillance shall be converted into one day of his sentence; If a person is sentenced to criminal detention or fixed-term imprisonment, two days of residential surveillance shall be converted into one day of his sentence.

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