On December 13, 2023, the Supreme People's Procuratorate and the Ministry of Public Security promulgated the Provisions on the Review and Assessment of the Necessity of Detention of the People's Procuratorate and Public Security Organs. Paragraph 2 of Article 8 also stipulates that where an applicant submits an application to the people's procuratorate or public security organ for modification of compulsory measures of detention in accordance with article 97 of the Criminal Procedure Law, the people's procuratorate or public security organ shall conduct a review and assessment of the necessity of detention in accordance with these Provisions.
1. Suffering from a serious illness and unable to take care of themselves, making them unfit for continued detention;
2. Pregnant or lactating;
3. Be the sole caregiver of a minor or a person who is unable to take care of himself;
4. Minors;
5. Be at least 75 years old;
6. Admit guilt and accept punishment;
7. The confession is stable;
8. Actively return stolen goods
9. Gain understanding;
10. Reach a settlement agreement with the respondent;
11. Actively carry out the obligation of compensation or provide guarantees;
12. It is a preparatory offense or a suspended offense;
13. It is a first offense with less subjective malice;
14. Being an accomplice or coerced accomplice;
15. It is a crime of negligence;
16. Excessive defense or risk avoidance;
17. The case may be withdrawn, not prosecuted, or acquitted
18. They may be sentenced to fixed-term imprisonment of not more than one year, short-term detention, controlled release, independent application of supplementary punishment, suspended sentence, or exemption from criminal punishment;
19. If detention continues, the period of detention will exceed the sentence that may be imposed in accordance with law;
20. The facts of the crime have been basically clarified and the evidence has been collected and fixed;
21. There are no accomplices in the case, and there is no possibility of collusion;
22. Good performance during the period;
23. Be able to provide a guarantor for release on guarantee pending further investigation or pay a guarantee deposit for release on guarantee.