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How long is the period of residential surveillance

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How long is the period of residential surveillance


        

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  • 2024-06-06 07:00:49

    The people's court, the people's procuratorate and the public security organ may not keep a criminal suspect or defendant under residential surveillance for more than six months. If it is found that criminal responsibility should not be investigated or the period of residential surveillance has expired, the residential surveillance shall be lifted in a timely manner.

    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.

    [Legal Basis]

    According to Article 79 of the Criminal Procedure Law, the maximum length of time a people's court, people's procuratorate and public security organ obtains a guarantor pending trial for a criminal suspect or defendant shall not exceed 12 months, and the maximum length of time for residential surveillance shall not exceed six months. During the period of obtaining a guarantor pending trial and residential surveillance, the investigation, prosecution and trial of the case may not be interrupted. If it is found that criminal responsibility should not be investigated or the period of obtaining a guarantor pending trial or residential surveillance has expired, the guarantor pending trial or residential surveillance shall be terminated in a timely manner. The person who has obtained a guarantor pending trial or has been placed under residential surveillance and the relevant units shall be notified in time of the termination of the guarantor pending trial or residential surveillance.

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