The Supreme People's Procuratorate and the Ministry of Public Security today (13th) jointly issued the "People's Procuratorate and Public Security Organs Provisions on the Review and Assessment of the Necessity of Detention", particularly emphasizing that if the detainee meets the eight types of special circumstances, the procuratorial organs and public security organs shall immediately carry out the review and assessment of the necessity of detention. Includes:
Those who are not suitable for continued detention because they suffer from a serious illness or are unable to take care of themselves;Women who are pregnant or breastfeeding their own infants;is the sole caretaker of the minor;He is the sole supporter of a person who is unable to take care of himself;Where a criminal suspect or defendant continues to be detained, and the period of detention will exceed the sentence that might be given in accordance with law;Changes in the facts or circumstances of the case, or in laws or judicial interpretations, might lead to a sentence of short-term detention, controlled release, independent application of supplementary punishment, waiver of criminal punishment, or a verdict of not guilty;Major changes in the evidence in the case may lead to no evidence proving that there are facts of the crime or that the criminal conduct was committed by the criminal suspect or defendant;There are other circumstances in which the use of compulsory measures of detention against criminal suspects or defendants is improper, and shall be promptly revoked or modified. The "Provisions" also specify that for criminal suspects who may be sentenced to fixed-term imprisonment of less than three years, the procuratorate shall conduct at least one review of the necessity of detention during the review and prosecution stageAt the same time, it is stipulated that the public security organs may, on the basis of the investigation of the case, assess whether it is appropriate for the arrested criminal suspect to continue to take compulsory measures of detention.
*:* Voice of China.
Editor-in-charge: Jiang Yujun.
Review: Wang Longlong.
Reviewer: Wang Cen Yu.
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