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Anonymous users2024-02-06Where a party is released on guarantee pending further investigation, it does not necessarily mean that the criminal case involved has been withdrawn and filed, and the party may still be held criminally responsible.
Release on bail pending further investigation is a kind of criminal compulsory measure taken against a criminal suspect in accordance with the provisions of the Criminal Procedure Law, and there are two main circumstances in which the compulsory measure of release on guarantee pending further investigation is finally lifted
1. It may be that after investigation, it is found that the criminal suspect does not constitute a crime or should not be investigated for criminal responsibility, and the criminal case is withdrawn, so that the release on bail pending trial is lifted.
2. It may also be because the 12-month period for release on bail pending further investigation is approaching, but the case still cannot be investigated, in this case, the release on bail pending further investigation can also be lifted first, but the case itself has not been revoked, and the investigating organ will still continue to investigate, and if a crime is constituted, the criminal responsibility of the criminal suspect can still be pursued.
Code of Criminal Procedure
Article 77: 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.
Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs
Article 103: Public security organs must not interrupt the investigation of a case during the period of release on guarantee pending further investigation, and shall promptly modify the compulsory measures or lift release on guarantee pending further investigation for criminal suspects released on guarantee pending further investigation based on changes in the circumstances of the case.
Release on guarantee pending further investigation must not exceed 12 months.
Article 104:Where it is necessary to lift release on guarantee pending further investigation, the organ that made the decision to release on guarantee pending further investigation is to draft a written decision or written notice to lift release on guarantee pending further investigation, and send it to the public security organ responsible for enforcement. The public security organ responsible for enforcement shall promptly lift release on guarantee pending further investigation on the basis of the written decision, and notify the person released on guarantee, the guarantor, and relevant units.
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Anonymous users2024-02-05The concept of bail pending trial:
It is suspected of committing a crime, but there is no need to be detained in a detention center, and the person released on bail pending trial is outside, but the provisions on release on bail must be complied with, and the case-handling organ must be reported on time until **, and in reality, the sentence will be suspended or exempted from criminal punishment.
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Anonymous users2024-02-04Legal analysis: The release on bail pending trial does not mean that it will be fine, and the release on bail pending trial indicates that the public security organ or procuratorate that filed the case does not have enough evidence to determine that the suspect participated in the crime, but it does not mean that the case is closed, and if new evidence is found in the future, the criminal suspect can also be convicted and punished.
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) Sun Shu might be sentenced to fixed-term imprisonment or higher, 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 infants, and are released on guarantee pending further investigation will not be a danger to society;
4) The period of detention is complete, and the case has not yet been completed, and it is necessary to take the position of 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.
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Anonymous users2024-02-03Legal analysis: According to the provisions of the Criminal Procedure Law, if the investigating authorities are unable to find sufficient evidence to determine that the criminal suspect participated in the crime of Xianyoubo, they can only be released on bail pending further investigation when the criminal suspect is temporarily destroyed. However, if new evidence is discovered subsequently, the investigating and procuratorial organs will continue to pursue the criminal responsibility of the criminal suspect.
Therefore, the release on bail pending trial does not mean that it is okay, and only when the case has been concluded does it mean that the criminal suspicion is cleared.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 79: 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.
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Anonymous users2024-02-02Legal analysis: There are generally two possibilities for the release of bail pending trial, one is that the sentence has been handed down, and the other is that the evidence is insufficient to file the case, in this case, after the release on bail pending trial, it should be possible to withdraw the case.
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 illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;
4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ 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 deciding 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 for hunger relief.
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Anonymous users2024-02-01Legal analysis: The procuratorate has lifted the bail pending trial, and the public security bureau will do so again. The public security organs are the enforcement organs for release on guarantee pending further investigation.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 65: 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) They might be sentenced to controlled release, short-term detention, or an additional sentence independently applied;
2) A sentence of fixed-term imprisonment or higher might be given, and the use of repentance and release on guarantee pending further investigation will 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 infants, and are released on guarantee pending further investigation will not be a danger to society; Quietly.
4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.
Release on guarantee pending further investigation is to be enforced by the public security organs.
Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. A system in which a specific investigation body conducts an examination of a convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the convict's performance during the probationary period. Release on guarantee pending further investigation refers to compulsory measures taken by a people's court, people's procuratorate, or public security organ in a criminal proceeding to order a criminal suspect or criminal defendant to provide a guarantor or pay a guarantee deposit to ensure that he is always available. >>>More
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