Will the monitored resident be sentenced if he dies? Zhihu)

1. Will the person under surveillance be sentenced if he dies?

If a criminal suspect dies while living under surveillance, he sh

Will the monitored resident be sentenced if he dies? Zhihu)

1. Will the person under surveillance be sentenced if he dies?

If a criminal suspect dies while living under surveillance, he shall not be sentenced. According to the regulations, in any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or innocence shall be declared:

(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;

(two) the crime has passed the limitation period;

(3) Being exempted from punishment by an amnesty order;

(four) in accordance with the "Criminal Law" to inform the handling of the crime, not to inform or withdraw;

(5) The criminal suspect or defendant dies;

(six) other laws and regulations shall be exempted from criminal responsibility.

2. What are the applicable conditions for residential surveillance?

The public security organ may monitor the residence of a criminal suspect who meets the conditions for arrest and has one of the following circumstances:

(1) Suffering from serious illness and unable to take care of themselves;

(2) Women who are pregnant or nursing babies;

(3) Being the sole supporter of a person who cannot take care of himself;

(4) Due to the special circumstances of the case or the need of handling the case, it is more appropriate to take residential surveillance measures;

(five) the detention period expires, the case has not yet been settled, and it is necessary to take residential surveillance measures.

If the people's procuratorate decides not to approve the arrest of a criminal suspect, and it is necessary to continue the investigation and meet the conditions for residential surveillance, residential surveillance may be allowed.

For those who meet the conditions of obtaining a guarantor pending trial, but the criminal suspect can't put forward a guarantor or pay a deposit, he can be under residential surveillance.

3. What regulations should a criminal suspect abide by during his residential surveillance?

(1) Not to leave the residential place under surveillance without the approval of the executing organ;

(two) without the approval of the executive organ, shall not meet with others or communicate in any way;

(3) Being present in time when being arraigned;

(four) shall not interfere with the testimony of witnesses in any form;

(five) shall not destroy or forge evidence or collusion;

(six) the passport and other entry and exit documents, identity documents, driving documents to the executive organ for preservation.

In criminal cases, the suspect is likely to be under residential surveillance because of a serious illness. If the suspect has died during the period of residential surveillance, the case can only be dismissed. If a person dies while living under surveillance, the general case-handling department shall not bear legal responsibility unless the death of the criminal suspect is caused by human factors.