Regulations of the PRC on Arrest and Detention

Regulations of the PRC on Arrest and Detention

Order of the Standing Committee of the National People's Congress No.1

February 23, 1979
　
Article 1 These Regulations are formulated in accordance with the provisions of Articles 18 and 47 of the Constitution of the People's Republic of China, in order to safeguard the socialist system, maintain public order, punish crimes, uphold citizens' freedom of the person and protect their homes against any violation.
　
Article 2 No citizen of the People's Republic of China may be arrested except by decision of a people's court or with the approval of a people's procuratorate.
　
Article 3 When it is necessary to arrest an offender the principal facts of whose crime have already been clarified and who could be sentenced to a punishment of not less than imprisonment, he shall be immediately arrested by decision of a people's court or with the approval of a people's procuratorate.
If an offender liable to arrest is gravely ill or is a woman who is pregnant or is breast-feeding her own child, an alternative measure may be adopted to allow the offender to obtain a guarantor pending trial or live at home under surveillance.
　
Article 4 The arrest of an offender, as decided by a people's court or approved by a people's procuratorate, shall be carried out by a public security organ.
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