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编辑同志:某基层检察院经追逃抓获一重大贪污犯罪嫌疑人,逮捕后该嫌疑人因患急性澜尾炎需动手术而取保候审,术后一周康复。为防止嫌疑人再次逃跑,该院决定对其恢复羁押,在如何办理有关手续上发生了意见分歧。一种意见认为,只需撤销原取保候审决定,将犯罪嫌疑人送交看守所关押即可。另一种意见认为,原逮捕强制措施已依法变更为取保候审,当取保候审的条件消失需要重新羁押时,应当撤销原取保候审决定并重新决定逮捕并交公安机关执行。请问:哪一种意见是正确的?重庆市万州区人民检察院 罗方柱
Editor’s Comrades: A grass-roots procuratorate has captured a major criminal suspect by chasing after the arrest. After the arrest, the suspect was released on bail pending an operation because of acute igneous gingival inflammation and recovered one week after the operation. In order to prevent the suspect from escaping again, the hospital decided to resume custody and disagreed on how to handle the relevant formalities. One opinion holds that simply withdraw the original bail pending decision and send the suspect to the detention center. According to another opinion, the original arrest coercive measure has been changed to bail pending trial in accordance with the law. When the condition for seeking a bail disappears and needs to be re-taken into custody, the original trial of awaiting a bail shall be withdrawn and the arrests shall be re-decided and submitted to the public security organ for execution. I ask you: Which kind of opinion is correct? Luozhou column of Wanzhou District People’s Procuratorate of Chongqing Municipality