It is said that Xu Mingxing is under residential surveillance. The golden 37 days may become half a year. Criminal lawyers explain the significance in detail

Introduction: Regarding the current situation of Xu Mingxing, multiple sources said that he is under residential surveillance, so the 37-day judgment of gold is no longer valid. Similar operations have also been seen in the cryptocurrency circle. Previously, the Yannan High-tech Zone Branch of the Yancheng Public Security Bureau notified the family of Lei Taiguo (Gbit Miner) that Lei Taiguo, who was suspected of organizing and leading pyramid schemes, had been placed under residential surveillance at a designated location at 6:00 on July 2.

Regarding the significance of residential surveillance, professional criminal lawyer Huo Xiaolu explained: First, it means that there must be a criminal case involved; second, the longest period shall not exceed 6 months, which can circumvent the 30-day limit on criminal detention; third, in principle, lawyers can meet with the client. Now that Huobi’s senior management is also involved, it is very likely that they will face similar procedures (Wu said blockchain)

The following is the main text, written by Huo Xiaolu:

Recently, the person who has received the most attention in the cryptocurrency circle is Xu Mingxing.

There are many rumors, some say he was criminally detained, and some say he was placed under residential surveillance...

What is the specific situation? We will all use our talents to clear the fog.

Lawyer Huo Xiao only provides a simple explanation of "residential surveillance" from a legal perspective so that people outside the industry can better understand the situation.

01

What is residential surveillance?

Residential surveillance, like bail pending trial and detention, is essentially a criminal compulsory measure. Specifically, it refers to the public security, procuratorial and judicial organs ordering criminal suspects and defendants not to leave their residences or designated residences within a specified period of time in criminal proceedings, and monitoring their behavior and restricting their personal freedom.

In criminal proceedings, there are usually five types of compulsory measures: detention, bail pending trial, residential surveillance, detention, and arrest, with the severity increasing from the beginning to the end.

The degree of restriction on personal freedom under residential surveillance is between criminal detention (arrest) and bail pending trial. In layman's terms, the person is still detained, but not in a detention center (custodial house), usually in his own residence or a residence designated by the public security. The scope of activities is almost limited to this place, and he cannot come and go freely like on bail pending trial, nor can he see people at will. All his actions are "monitored" by the public security organs.

02

Under what circumstances will you be placed under residential surveillance?

One thing that must be made clear is that residential surveillance means that the person is suspected of a criminal case.

Generally speaking, criminal suspects and defendants who are neither suitable for detention (arrest) nor for bail pending trial will be placed under residential surveillance. For example, those who are pregnant or breastfeeding, seriously ill and unable to take care of themselves, or those who have certain special circumstances or case handling needs. The former is easy to understand, while the latter is generally a special case or a major case in practice.

In practice, detention, arrest, and bail pending trial are more common, while residential surveillance is less common. The reason is simple: it is troublesome. Unlike detention centers (custodial institutions), where there are ready-made staff and the person can be transferred to custody after completing the formalities, additional personnel must be assigned to supervise.

03

What is the process of residential surveillance?

The law stipulates that residential surveillance shall not exceed 6 months.

As for the stage at which it is applicable, there are many situations in practice. It can be that residential surveillance is directly imposed at the beginning of the case, or residential surveillance can be imposed after the procuratorate does not approve the arrest. In short, residential surveillance, detention and arrest can be converted into each other according to law.

In practice, "residential surveillance" is used more frequently in a few regions. The reason is simple: it can circumvent the 30-day limit on criminal detention, and transfer the detention after obtaining a confession, which is considered a "reasonable use of rules" to control the suspect for a long time. However, this practice is controversial.

04

Where is residential surveillance carried out?

It is usually the residence. If there is no fixed residence, it can be at the residence designated by the investigating agency.

One thing is that it must not be done in a detention facility or a special case handling facility, that is, it must not be done in a detention center (custody house), public security bureau, police station, etc.

In practice, there are still some irregularities in designated residential surveillance. For example, in some areas, the signs at the door indicate that it is a guesthouse, but in fact the interior is still a case handling site, where a group of criminal suspects are detained under residential surveillance.

05

What is the situation of residential surveillance?

Judging from the results, the situation is not bad. The duration of residential surveillance at a designated location can be deducted from the prison term, after all, the person is indeed locked up, although with fewer restrictions. If sentenced to control, one day of residential surveillance can be deducted from the prison term; if sentenced to detention or fixed-term imprisonment, two days of residential surveillance can be deducted from the prison term.

Judging from the process, the situation may not be good. The restrictions are indeed much less than those in the detention center (detention house). At least there is no need to work night shifts, and there are no excessive requirements for work and rest. But the defects are also obvious. One person is locked in a room, lonely, and no one talks. It is not like the detention center (detention house) with 20+ people sleeping in a large dormitory, which is at least lively. You may also live in a "small dark room" with four white walls, no windows, and no sunlight all day long. If the case handler does not come to take notes for half a month, he will have to talk to himself for half a month and be monitored all the time. The most serious thing is that due to the difference in supervision, illegal evidence collection still exists in some areas.

06

Can I see a lawyer while under residential surveillance?

According to the Criminal Procedure Law, lawyers can, in principle, meet with their clients freely, except in very rare cases where permission is required.

The picture says that lawyers cannot meet with their clients, which is obviously unfounded. Basic human rights are still protected by law.

In practice, there are always some third-tier cities that have strange operations. Sometimes lawyers will receive a letter claiming to be written by the suspect himself, "no lawyer notice"; sometimes the case handling agency will shirk responsibility by saying that lawyers appointed by the family members are not allowed to meet with the suspect, and only lawyers appointed by the suspect himself can meet with the suspect. In fact, how can lawyers get the commission if they can't even meet with the suspect? First- and second-tier cities are generally more standardized.

In any case, the Xu Mingxing case has countless eyes in the circle watching, and the law enforcement agencies will naturally pay attention to the standardization of law enforcement. If this is true, the possibility of lawyers being unable to meet with him is extremely low.

07

Will residential surveillance lead to a prison sentence?

uncertain.

As mentioned above, residential surveillance is essentially just a compulsory measure, which is the same as detention, arrest and bail pending trial. Whether there will be a sentence depends on whether there is a criminal act and related circumstances.

If it is confirmed that there is no criminal behavior, it is natural to lift the residential surveillance, release the person, and withdraw the case.

If it is confirmed that a criminal act has been committed, residential surveillance will generally end early and the person will be sent directly to the detention center. The person will then be transferred according to normal procedures and the procuratorate will decide whether to prosecute. During this period, it is not ruled out that the compulsory measures can be changed to conditional release.