TNAG-1865-FCO40-2646-Legal-system-in-China-1989 — Page 27

14

initiated

to

the

approval

by a written request from a public security organ people's procuratorate of the same level for of the arrest. The procuratorate must decide to approve or reject according to whether the important facts are already known, whether a sentence of imprisonment is probable and whether release under guaranty or neighbourhood

supervision is a sufficient protection for society. A Chinese commentator has written that the decision to arrest is often based on the first two factors alone (3).

There is apparently considerable reluctance to

to

allow a suspect to remain at large on the basis of a

) or neighbourhood

guarantee

surveillance

取保侯番

(監視居住 ) for fear that the suspect

will abscond and the public security authority will be held

responsible.

When a suspected Criminal Law offender is detained without arrest, the public security organ must apply for approval to arrest within 3 days of detention. However this period may be extended by 1 to 4 days in complex cases.

The responsible procuratorate is also required

the

to decide on the arrest within 3 days of receiving request. Therefore a suspect may be held in detention days awaiting arrest (the first day of detention is not counted).

for 11

Chapter VI

stipulates that an arrest warrant

the arrest is carried out.

The

must be shown when

usefulness of such a requirement is questionable in light of the wide range of public security powers to detain offenders summarily without arrest. The family or work unit of an arrested person must be notified within 24 hours, unless notification would hinder the criminal

In addition, a people's court or procuratorate must interrogate an arrested person within 24

investigation.

1

A.