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Will the procuratorate be arrested if it issues an arrest warrant?

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Will the procuratorate be arrested if it issues an arrest warrant?


        

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  • 2024-06-14 03:00:48

    Will the procuratorate be arrested if it issues an arrest warrant? Whether the arrest warrant issued by the procuratorate will be arrested. The public security organ shall immediately execute the decision to approve the arrest and promptly notify the People's Procuratorate of the execution. With reference to Article 80 of the Criminal Procedure Law of the People's Republic of China, the arrest of a criminal suspect or defendant must be approved by the People's Procuratorate or decided by the People's Court and executed by the public security organ. With reference to Article 81 of the Criminal Procedure Law of the People's Republic of China, a criminal suspect or defendant who has evidence to prove the facts of a crime and may be sentenced to a punishment of not less than imprisonment shall be arrested if obtaining a guarantor pending trial is not enough to prevent the occurrence of the following social dangers: (1) a new crime may be committed; (2) There is a real danger of endangering national security, public security or social order; (3) Those who may destroy or forge evidence, interfere with the witness's testimony or collude with the witness; (4) Possible retaliation against the victim, informant or complainant; (5) Attempting to commit suicide or escape. When approving or deciding to arrest, the nature and circumstances of the suspected crime of the criminal suspect or defendant, as well as the confession of guilt and punishment, shall be taken into consideration as to whether social danger may occur. If there is evidence to prove that there are facts of a crime that may be sentenced to fixed-term imprisonment of not less than 10 years, or if there is evidence to prove that there are facts of a crime that may be sentenced to a punishment of not less than imprisonment, if there has been an intentional crime or if his identity is unknown, he shall be arrested. If a criminal suspect or defendant who is awaiting trial on bail or under residential surveillance violates the provisions on awaiting trial on bail or residential surveillance, and the circumstances are serious, he may be arrested. With reference to Article 90 of the Criminal Procedure Law of the People's Republic of China, the People's Procuratorate shall, after examining a case submitted by a public security organ for approval of arrest, make a decision on whether to approve or disapprove the arrest, depending on the circumstances. 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. Do you understand this explanation?

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