Residential surveillance is a compulsory measure that restricts the personal liberty of criminal suspects or defendants, and its purpose is to prevent them from escaping, destroying evidence, and interfering with witnesses' testimony. However, when the need for residential surveillance disappears, the measure must be lifted. So, what are the conditions that must be met to lift residential surveillance?
First, we need to clarify the basic conditions for lifting residential surveillance. According to the provisions of the Criminal Procedure Law, the following conditions must be met for the release of residential surveillance:
1.Criminal suspects or defendants are no longer in danger of evading prosecution by judicial organs and enforcement of criminal punishments;
2.The criminal suspect or defendant has not been arrested, and no other compulsory measures have been taken;
3.The investigation of the case has been concluded, and it has been transferred to the procuratorate for review and prosecution or transferred to the court for trial
4.Criminal suspects or defendants, their legally-designated persons, and close relatives submit an application to lift residential surveillance, and upon review by the public security organs, it is found that there is no need to continue to use residential surveillance.
On the basis of satisfying the above basic conditions, we also need to consider the following special circumstances:
1.Whether the criminal suspect or defendant violated regulations during the period of residential surveillance, such as escaping, destroying evidence, etc.;
2.Whether the case has entered the trial stage and the court has found that there is no need for continued residential surveillance;
3.Whether the criminal suspect or defendant and their legally-designated persons and close relatives have already submitted an application for lifting residential surveillance, and whether the public security organs have conducted a review.
It should be noted that the lifting of residential surveillance is not automatic and needs to be reviewed by the public security organs in accordance with the law. During the review process, the public security organs need to assess the criminal suspect or defendant's conduct, and comprehensively consider factors such as the nature and circumstances of the case to determine whether it is necessary to continue to employ residential surveillance.
In short, the conditions and procedures for the release of residential surveillance must be in place to ensure the justice and fairness of the law. At the same time, criminal suspects or defendants who have been placed under residential surveillance shall abide by relevant provisions and actively cooperate with the work of the judicial organs in order to restore their personal freedom at an early date.