A, summon

Its modification is relatively simple, involves two issues, one is the time, two of the treatment.

1 summons for time

The new criminal procedure law in the retention of the original law "summons, subpoena the longest time shall not exceed 12 hours" basis, "added provisions of the special major, complex, detention, arrest measures need to be taken, summons, subpoena duration shall not exceed 24 hours".

Treatment of 2 detained person

The new law in the retention of the original law "shall not in continuous summons, subpoena criminal suspects into custody in disguised forms" basis, increase the "summons, arrest the suspect, shall ensure that the suspect's diet and the necessary rest time" expressly.

"Ensure that the suspect's diet and the necessary rest time". This is the law for the first time on this question is clear, it is worth our attention.

Two, bail

In the scope of application, three aspects of duty, modify the large margin bail:

1 the scope of bail more specific

The new law is preserved in the stipulated in the law at the same time, applicable to bail the following two contents:

"One is suffering from a serious disease, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the place of danger to society," this provision will before the judicial practice in the practice of law, is more conducive to the protection of specific criminal suspects, defendants' rights, to highlight the new criminal procedure law the suspect, the defendant's humanistic care;

Two is "the detention period expires, the case need to take bail measures have not been completed,", this provision in order to solve the problem of extended detention provides legal support.

Here mainly to talk about the bail range. According to the provisions of the new law, theoretically, all suspect, defendant, as long as the "do not endanger society", can be legally released. However, under normal circumstances, the authorities consider more is how to control the suspect, as soon as possible or the smooth closed, so although the law very relaxed, but in the judicial practice, the actual use of bail less.

The amendment of the criminal procedure law, the non custody measures alternative to custody measures ideas. Then, in the law can bail in four cases, special attention should be paid to the analysis of "not to the occurrence of danger to society".

About what is "without danger to the society"? Before the criminal law does not specify the standard, leading to excessive discretion the spatial practice, often in danger to the Society refused to bail. Criminal procedure law amended although still not released on bail pending trial section has to be clear, but in the seventy-ninth of the conditions of arrest "take bail is still not enough to prevent the danger to the society" were enumerated, the following five cases: one is "probably the implementation of the new crime; two is the reality danger endanger national security, public security or social order; the three is likely to destroy or forge evidence, witnesses or collusion of interference; four is possible, informants to the victim, who take revenge against the implementation; five is the suicide attempts or escape."

So, we think, for the bail conditions of the "social risk" should be interpreted as above, namely five kinds of afore-mentioned circumstances, should be arrested, then on the other hand, none of the above five kinds of circumstances, should be guaranteed. Therefore, the future defense lawyers in the proposed guaranteed the grounds of the application, will focus on the elimination of criminal suspects in the five aspects of the "social risk", and as the investigation organ, it should prove the existence of the danger to the society, can not agree to bail.

During the 2 bail shall comply with the obligations increased

First, add a rule shall abide by the criminal suspect, the defendant on bail in: "address, work units and contact information changes, in 24 hours to inward executive report."

Second, the law of bail people management more specific, supplementary provisions of the case handling organ may be ordered to be criminal suspects, defendants on bail the following one or more: (a) shall not be allowed to enter the specific place; (two) with no specific staff meeting or communication; (three) not to engage in specific activities; (four) the passport and other travel documents, documents, the executing organ preservation driving."

These Provisions, are conducive to the investigation work. The investigators shall according to the case, the new power exercise good criminal law to "".

3 refinement of the amount of bail, margin setting and the collection of refund procedures.

(1) in the amount of security issues, the new law makes the deposit amount and the specific situation of the case hook. Criminal procedure law stipulates that the seventieth Amendment: "shall decide authority bail consider guarantees the litigation activities of the social risk, bail people, nature, circumstances of case, may be sentenced to a punishment, was released on bail the people's economic status and so on, to determine the amount of the deposit".

(2) in the deposit paid apps, ad hoc "special account". Criminal procedure law stipulates that the seventieth revised: "provides deposit shall be deposited into the margin account executive specialized organs designated bank."

(3) in the deposit refund procedures, directly to the bank for the provision. Criminal procedure law stipulates that the seventy-first Amendment: "the suspect, the defendant in the release on bail is not in violation of this law the provisions of article sixty-ninth, when the end of the guarantor pending trial, by notice to remove the bail pending trial or the relevant legal documents to the bank for the refund of deposit."

(4) in the confiscation of deposit, was released on bail people in violation of the relevant provisions of the margin, no longer be confiscated. The criminal procedure act sixty-ninth provisions of the third paragraph of the revised "confiscation of all or part of the margin."

The modification, application focus on regulating the margin the guarantee measures. The amount of the deposit and the specific situation of the case hook, it provides a legal basis for the "felony more margin", will promote the bail can be applied more to a certain extent, will also make the margin "guarantee" real play the role of.

Three, residential surveillance

In suitable conditions, rights and obligations, have made certain changes. The "residential surveillance designated residence" is a hot topic.

The applicability of 1 residential surveillance

Incorporated into the original residential surveillance is conditional bail conditions, law of criminal procedure seventy-second the revised provisions can be used alone to residential surveillance conditions, namely: (1) suffering from a serious illness, life can not take care of themselves; (2) pregnant or breast-feeding their babies of women; (3) the spouse is living only who can not take care of themselves; (4) because of the need for the special circumstances of the case or the handling of cases, to residential surveillance measures are more appropriate; (5) detention period expires, the case has not yet completed, need to residential surveillance measures; (6) in addition, the bail conditions, but the suspect, the defendant can not provide a guarantor, do not pay the deposit, to residential surveillance.

Compared to residential surveillance and released on bail pending trial, we will find, two have some overlap in scope, applicable conditions is the difference "is a social danger:" no danger, then released on bail pending trial; there is a certain danger, but residential surveillance; dangerous determined, should be arrested. Therefore, residential surveillance is actually between bail and arrest between transitional measures.

2 human rights and obligations under residential surveillance

One is the rule shall abide by the people has increased surveillance of residence. Amendment to the criminal procedure law the fifty-seventh regulation has been modified, the provisions of article seventy-fifth "without the approval of the organ executing shall meet communication" or others, and increase the "passport, entry requirements documents, identity documents, documents, the executing organ preservation drive".

Two is the increased provisions for residential surveillance organ specific measures can be used when the suspect, the defendant. Criminal procedure law stipulates that the seventy-sixth Amendment: "executive organ of criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can monitor communication to be for residential surveillance of criminal suspects".

Here some lawyers suspect the problem of surveillance of residence. The new law seventy-fifth stipulation "without the approval of the organ executing not to meet with others in the" others "," do not include the defense lawyer. Because in the fifth paragraph of the thirty-seventh devoted to defense counsel stipulated meet and correspond with the criminal suspect problems under residential surveillance, in addition to endanger national security, terrorist activities, particularly great bribery these three kinds of cases, do not need approval from the defense lawyer, communication with other cases, and not be listening.