On December 18, the Supreme People's Court, the Supreme Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated". The opinion mentions that criminal suspects or defendants who violate the provisions on release on guarantee pending further investigation or residential surveillance may be arrested if the circumstances are serious.
Let's start with the rules for arrest.
Article 79 of the Criminal Procedure Law: Where there is evidence to prove the facts of a crime and a criminal suspect or defendant might be sentenced to a sentence of imprisonment or higher, and release on guarantee pending further investigation is not sufficient to prevent the occurrence of the following dangers to society, they shall be arrested.
As can be seen from the provisions of the Code of Criminal Procedure, arrest is premised on the possibility of a penalty of imprisonment or more. Article 133 of the Criminal Law stipulates that the crime of dangerous driving is punishable by criminal detention. In other words, according to this provision, compulsory measures cannot be taken against criminal suspects suspected of dangerous driving.
So the question is, is the opinion wrong to stipulate that dangerous driving crimes can be arrested?
No. Article 79 of the Criminal Procedure Law also stipulates that a criminal suspect or defendant who has been released on guarantee pending further investigation or placed under residential surveillance may be arrested if the circumstances are serious.
Now that we understand this, in fact, the legislator has long thought that if criminal suspects sentenced to criminal detention are absolutely not arrested, it will inevitably result in the inability to restrain their behavior after being released on bail pending trial, and this will create destabilizing factors. This is something we don't want to see.
Therefore, after the criminal suspect suspected of dangerous driving is released on bail pending trial, he can still be arrested if he meets the legal conditions!