Can an economic case be released on bail pending trial, and can an economic case be released on bail

According to the relevant provisions of the Criminal Procedure Law, the conditions for release on bail pending further investigation: 1and may be sentenced to controlled release, short-term detention, or independently applying supplementary punishments.

That is, where the criminal suspect or defendant has a relatively light sentence and there is no need to arrest him, but there is a possibility of evading investigation, prosecution, and trial, or other obstructions to the smooth progress of the proceedings, release on guarantee pending further investigation shall be used. 2.A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society.

3.Those who should be arrested, but suffer from serious illnesses that make them unfit for detention, such as those who are unable to take care of themselves due to illness, may be released on bail pending further investigation.4Those who should be arrested in accordance with law, but are pregnant or breastfeeding their own infants.

5.Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient. 6.

Criminal suspects or defendants who have already been arrested and detained cannot conclude the case within the legally-prescribed time limits for investigation, prosecution, first-instance trial, or second-instance trial, and there is no danger to society in employing the method of guaranteeing further investigation. Criminal suspects who hold valid passports or other valid exit documents and may leave the country to evade investigation, but do not need to be arrested, may be released on bail pending further investigation. Criminal suspects in cases where the procuratorate organ does not approve the arrest after an arrest is submitted and it is necessary to reconsider or review, and after transferring the case for prosecution, the procuratorate decides not to prosecute, and the case needs to be reconsidered or reviewed, may also be released on guarantee pending further investigation.

As long as the above conditions are met, the offender in the economic case can be released on bail pending trial. Legal basis: Article 65 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; (3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society; (4) The period of detention has expired, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

In accordance with the provisions of the Criminal Procedure Law of the People's Republic of China, a person who is sentenced to fixed-term imprisonment of not more than three years may apply for release on guarantee pending further investigation if the use of release on guarantee pending further investigation does not cause danger to society.

Relevant legal provisions.

Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

(3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society;

(4) The period of detention has expired, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

One: Possibly. 2. The following conditions are required: the conditions for release on bail pending further investigation in accordance with articles 50, 51, 60 and other relevant provisions of the Criminal Procedure Law.

Criminal suspects or defendants who have already been arrested and detained cannot conclude the case within the legally-prescribed time limits for investigation, prosecution, first-instance trial, or second-instance trial, and there is no danger to society by using the method of release on guarantee pending further investigation. In addition, according to Article 37, Paragraph 7 of the Rules of the Supreme People's Procuratorate, criminal suspects who hold valid passports or other valid exit documents and may leave the country to evade investigation, but do not need to be arrested, may be released on bail pending further investigation. According to Article 63 of the "Provisions" of the Ministry of Public Security, if the procuratorate does not approve the arrest after an arrest is submitted and it is necessary to reconsider or review, after the transfer for prosecution, the procuratorate decides not to prosecute, and the criminal suspect in the case that needs to be reconsidered or reviewed may also be released on bail pending further investigation.

Criminal suspects or defendants who have already been arrested and detained cannot conclude the case within the legally-prescribed time limits for investigation, prosecution, first-instance trial, or second-instance trial, and there is no danger to society by using the method of release on guarantee pending further investigation. In addition, according to Article 37, Paragraph 7 of the Rules of the Supreme People's Procuratorate, criminal suspects who hold valid passports or other valid exit documents and may leave the country to evade investigation, but do not need to be arrested, may be released on bail pending further investigation. According to Article 63 of the "Provisions" of the Ministry of Public Security, if the procuratorate does not approve the arrest after an arrest is submitted and it is necessary to reconsider or review, after the transfer for prosecution, the procuratorate decides not to prosecute, and the criminal suspect in the case that needs to be reconsidered or reviewed may also be released on bail pending further investigation.

They may apply for release on guarantee pending further investigation.

Legal Analysis: Economic cases may be released on bail pending further investigation, as long as the following four conditions are met: 1. Criminal suspects who may be sentenced to controlled release, short-term detention or independently applied supplementary punishment; 2. Criminal suspects who may be sentenced to fixed-term imprisonment or more, and will not be dangerous to society after being released on bail pending further investigation; 3. Pregnant women, lactating women, criminal suspects who suffer from serious illnesses or are unable to take care of themselves; 4. Criminal suspects whose detention period has expired, but the case has not been concluded.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

(3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society;

(4) The period of detention has expired, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Article 69 The guarantor must meet the following conditions:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

3) Enjoy political rights and have not had their personal liberty restricted;

4) Have a fixed place of residence and income.

1. Economic cases may not necessarily be released on guarantee pending further investigation, and the people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society;

4) The period of detention is complete, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

2. People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months.

During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted. Where release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.

1. What are the procedures for release on bail pending further investigation?

The procedures for handling release on guarantee pending further investigation include the procedures for submitting a request for release on bail pending further investigation, the relevant departments reviewing and making a decision on whether to approve the release on guarantee, and the public security organs to enforce the request after it is approved.

1. Application for release on bail pending further investigation.

Detained criminal suspects or defendants, as well as their legally-designated persons and close relatives, have the right to submit an application for release on guarantee pending further investigation. Where a criminal suspect is arrested, the lawyer he hires may apply for release on guarantee pending further investigation. Applications for release on guarantee pending further investigation shall be in writing.

2. The decision to release on bail pending further investigation.

After the public security organs, people's procuratorates, and people's courts receive an application for release on guarantee pending further investigation, they shall make a reply within 7 days of whether they agree or not. Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, it shall be reported to the responsible person at a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval, and a "Decision on Release on Guarantee Pending Investigation" and a "Notice of Enforcement of Release on Guarantee Pending Investigation" shall be issued, and the criminal suspect or defendant shall be ordered to provide a guarantor or pay a guarantee deposit.

and where the legally-prescribed requirements for release on guarantee pending further investigation are not met, release on guarantee pending further investigation is not granted. Where they do not agree to release on guarantee pending further investigation, they shall inform the applicant and explain the reasons for not agreeing.

In addition, the judicial organs may, according to the needs of the case, decide on their own to release on bail pending further investigation.

3. Enforcement of release on bail pending further investigation.

The enforcement organ for release on guarantee pending further investigation is the public security organ. When enforcing the law, the public security organs shall read the "Decision on Release on Guarantee Pending Investigation" to the criminal suspect or defendant, and have them sign or affix a seal, informing them of the provisions they shall comply with during the period of release on guarantee. Where the criminal suspect or defendant has not violated provisions during the period of release on guarantee pending further investigation, after the period of release on guarantee is complete, the public security organ responsible for enforcement shall return the guarantee deposit to the criminal suspect or defendant and inform the guarantor to release the guarantee.

Regardless of the type of case, the conditions for release on bail are the same. Therefore, in economic cases, as long as the circumstances of release on bail pending further investigation are met, they can apply for release on bail pending further investigation, otherwise they can only apply the compulsory measure of arrest. Suspects who have already been detained may be released on guarantee pending further investigation in accordance with law on the basis of continued investigation if the evidence is insufficient, do not meet the requirements for arrest, or are arrested without the approval of the people's procuratorate.

Where the defendant's crime is minor, there is no need for arrest, or where the smooth progress of the proceedings might be obstructed, release on guarantee pending further investigation may be granted.

1. Whether the crime of theft can be released on bail pending further investigation if a case has been filed.

Where the crime of theft has already been filed, and the requirements for release on guarantee pending further investigation are met, they may be released on guarantee pending further investigation. For example, where the criminal suspect and the defendant have a relatively light sentence and there is no need to arrest them, but there is a possibility of evading investigation, prosecution, and trial, or other obstructions to the smooth progress of the proceedings, release on guarantee pending further investigation shall be used. or where the criminal suspect or defendant has committed a more serious crime, but there is no danger to society when release on guarantee is taken, and there is no need for arrest, release on guarantee pending further investigation shall be used.

2. Will I still be arrested after being released on bail for 7 months?

It is still possible to be arrested with the approval of the procuratorate.

Release on bail pending further investigation is only a criminal coercive measure taken against a criminal suspect or defendant, and if a person is released on bail pending further investigation, it does not mean that he does not constitute a crime, nor does it mean that he will be investigated for criminal responsibility.

Therefore, if a party released on bail pending further investigation will still be handled in accordance with normal criminal procedures, and if the procuratorate deems that the conditions for arrest are met and arrest is necessary, the procuratorate will still approve the arrest.

Of course, under normal circumstances, if the case is relatively minor and there are no other special circumstances, the public security organ may not apply to the procuratorate for approval of arrest, and after the investigation of the case is completed and the case is transferred, the procuratorate will decide whether to arrest or not according to the specific circumstances of the case.

Article 65 of the Criminal Procedure Law: People's procuratorates, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention or an additional punishment might be applied;

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

(3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society;

(4) The period of detention has expired, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 77 of the Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs.

Public security organs may release criminal suspects on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

(3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society;

4) The period of detention is complete, the case has not yet been completed, and it is necessary to continue the investigation.

Legal Analysis: After the arrest is submitted, the procuratorate organ does not approve the arrest and needs to be reconsidered or reviewed, and after the transfer for prosecution, the procuratorate decides not to prosecute, and the criminal suspect in the case that needs to be reconsidered or reviewed, he may also be released on bail pending further investigation.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

(3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society;

(4) The period of detention has expired, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs that decide to release a suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.