Legal analysis
In other words, without the judgment of the court, no organ can determine who is guilty. Arrest is only a means adopted by public security organs in the process of investigating cases. However, after China was arrested, they lost their freedom of life and were locked up. If people are released in the future and think that it does not constitute a crime, it means that the public security organs and procuratorates have misjudged cases and should be held accountable, so they are usually sentenced after arrest. It is suggested to entrust a lawyer to provide legal help and defense, and strive for a lighter or mitigated punishment. May be sentenced to control, criminal detention or independent application of additional punishment. That is to say, if a criminal suspect or defendant commits a minor crime and does not need to be arrested, but may evade investigation, prosecution, trial and other obstacles to the smooth progress of the lawsuit, he should be sentenced to more than fixed-term imprisonment and be released on bail pending trial, and there will be no social danger. That is, if the criminal suspect or defendant commits a serious crime, but there is no social danger when he is released on bail and there is no need to arrest him, he should be released on bail and wait for trial. However, those who suffer from serious illness and are not suitable for detention, such as those who cannot take care of themselves due to illness, can be released on bail pending trial, but they must be pregnant or breast-feed their own babies. In this case, if it is found before the arrest, the arrest cannot be decided; If it is discovered after arrest, compulsory measures shall be changed and the criminal suspect who has been detained according to law shall be released on bail pending trial. After interrogation and examination, it is considered necessary to arrest but the evidence is insufficient. This refers to the situation that the detainee may be sentenced to more than fixed-term imprisonment, but there is not enough evidence to prove his criminal facts, and the corresponding evidence cannot be collected within the legal detention period, but it is necessary to continue to collect evidence. Criminal suspects and defendants who have been arrested and detained cannot close the case within the statutory time limit of investigation, prosecution, first instance and second instance, and there is no social danger in adopting bail pending trial.
legal ground
"Procedures of Public Security Organs for Handling Administrative Cases" Article 63 If an informant is unwilling to disclose his name and reporting behavior, the public security organ shall indicate it when registering the case and keep it confidential.