Duties of residential guards under surveillance

Legal analysis: supervision of administrative subject. The executive subject of residential surveillance in designated residence is the public security organ. In order to prevent the abuse of coercive measures as a means of investigation and thus violate human rights, or even extort confessions by torture or in disguised form, under the current circumstances, the supervision of criminal execution procuratorial departments should include: First, observing the whole process of interrogation of criminal suspects by investigation organs (departments) to prevent the occurrence of extorting confessions by torture. The prosecutor has the right to observe the trial through the surveillance camera set in the residence without causing adverse factors to the trial. Second, the criminal suspect or his lawyer has the right to retrieve the interrogation video and review it in time. If the verification is true, the confession will be excluded as illegal evidence, and the legal responsibility of the person who extorts a confession by torture will be investigated. The third is to communicate face to face with criminal suspects in a timely manner. Especially within 24 hours after the execution of residential surveillance, or after the residents under surveillance are temporarily taken away from the designated residence and sent back, they should talk to the residents under surveillance and put them on record. The fourth is to supervise whether law enforcement officers have dereliction of duty, such as informing monitored residents in violation of laws and regulations, delivering letters and articles.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 75 A criminal suspect or defendant living under surveillance shall abide by the following provisions:

(1) Not to leave the residential place under surveillance without the approval of the executing organ;

(two) without the approval of the executive organ, shall not meet with others or correspondence;

(3) Being present in time when being arraigned;

(four) shall not interfere with the testimony of witnesses in any form;

(five) shall not destroy or forge evidence or collusion;

(six) the passport and other entry and exit documents, identity documents, driving documents to the executive organ for preservation.

If a criminal suspect or defendant living under surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; If it is necessary to arrest, the criminal suspect or defendant may be detained first.

Article 76 The executing organ may supervise the criminal suspect or defendant whose residence is under surveillance by means of electronic monitoring and irregular inspection. During the investigation, the communication of the criminal suspect who is under surveillance can be monitored.