Generally, they can be released on bail pending trial for a few days

Updated on society 2024-02-14
12 answers
  1. Anonymous users2024-02-06

    Criminal suspects who have just been criminally detained for two days may be released on bail pending further investigation; As to whether or not one can be released on bail pending further investigation, it is up to the case-handling organ to decide on the basis of the specific circumstances of the case.

    Code of Criminal Procedure

    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) 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.

  2. Anonymous users2024-02-05

    If it is not suitable for release on bail pending further investigation, not all of them can be released on bail pending further investigation, and they must also find someone.

  3. Anonymous users2024-02-04

    It's been two days since I was arrested today, and I can be released on bail pending trial.

  4. Anonymous users2024-02-03

    Article 65 of the Criminal Procedure Law clearly stipulates that 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 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 and residential surveillance are to be enforced by the public security organs.

  5. Anonymous users2024-02-02

    Article 89 of the Criminal Procedure Law stipulates that if a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

    For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

    The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

    That is to say, if they are not major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups, they can generally be released on bail pending trial in about 10 to 14 days if they meet the requirements.

  6. Anonymous users2024-02-01

    Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China on Fighting: 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 sentence 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 bail pending further investigation to prevent 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.

  7. Anonymous users2024-01-31

    Legal analysis: The maximum period of release on bail pending further investigation is one year, and it is calculated according to the time when the notice of release on guarantee is obtained, and in the later stage of the procuratorate and the court, you can apply for release on bail pending further investigation. Time has to be recalculated.

    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 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 and residential surveillance are to be enforced by the public security organs.

  8. Anonymous users2024-01-30

    Within three days. No matter how long the arrest lasts, they may be released on bail pending further investigation, but it is necessary to meet the requirements that the criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently apply a supplementary punishment; It might be possible to sentence a fixed-term imprisonment or higher chain, and release on guarantee pending further investigation will not cause danger to society; At the end of the period of detention, the case has not yet been concluded, and it is necessary to resort to circumstances such as release on bail pending further investigation.

    Under normal circumstances, within three days, according to the law, the case-handling organ makes a decision on whether or not to approve the application for release on bail pending further investigation within three days of receiving it, and it is relatively more difficult to release on bail pending further investigation after arrest, but it is not impossible.

    Releases on bail pending further investigation are usually 24 hours after being detained. After a criminal is taken into criminal custody, the public security organs have the power to interrogate the criminal within 24 hours, so the release on bail should be 24 hours after the criminal is detained. After a criminal is taken into criminal custody, certain conditions must be met before he can be released on bail pending trial.

    After a criminal is taken into criminal custody, if he wants to apply for bail pending further investigation, he or she should find a guarantor or pay a bond as soon as possible.

    Legal basis

    Article 65 of the Criminal Procedure Law provides that the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on guarantee pending further investigation under 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 be a 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.

    Criminal Procedure Law of the People's Republic of China Article 86: Public security organs shall interrogate detained persons within 24 hours of their detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must be issued.

    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 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.

  9. Anonymous users2024-01-29

    Legal Analysis: No matter how long the arrest lasts, they can be released on bail pending further investigation, but the following circumstances must be met: it is necessary to meet the requirements that the criminal suspect or defendant may be sentenced to controlled release, short-term detention, or independently apply a supplementary sentence; A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; At the end of the period of detention, the case has not yet been concluded, and it is necessary to resort to circumstances such as release on bail pending further investigation.

    Detained criminal suspects or defendants, their legally-designated persons, and close relatives have the right to apply for release on guarantee pending further investigation. Article 53: 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. 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.

    Release on guarantee pending further investigation is a temporary compulsory measure taken by the public procuratorate and judicial organs against a criminal suspect during the period of criminal proceedings, and the investigation, prosecution, or trial of the case must not be suspended during the period of release on guarantee. Release on bail can be granted at any stage during the criminal proceedings, so there is no difference between release on bail after arrest and detention.

    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 person might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (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 a serious illness or are unable to take care of themselves, or who are pregnant or 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.

  10. Anonymous users2024-01-28

    After release on guarantee pending further investigation, where a criminal suspect or defendant has violated the provisions on release on guarantee pending further investigation and the circumstances are serious, they may be arrested, regardless of the number of days they have been released on guarantee pending further investigation. According to the provisions of law, where there is evidence to prove the facts of a crime and a criminal suspect or defendant might be sentenced to a sentence of imprisonment or higher, and release on guarantee pending further investigation is not sufficient to prevent the occurrence of the following dangers to society, they shall be arrested.

    1. What does it mean to approve arrest in a criminal case?

    Approval of arrest in a criminal case means:

    1. If there is evidence to prove that the person committed a crime, he may be sentenced to imprisonment or more;

    2. The first person formally entered the criminal procedure and was investigated for criminal responsibility;

    3. The use of methods such as bail pending trial or residential surveillance by criminal suspects or defendants is not sufficient to prevent the occurrence of danger to society, and must be arrested;

    4. The suspect will live in a detention center for a relatively long period of time.

    Where there is evidence to prove the facts of a crime and a criminal suspect or defendant might be sentenced to a sentence of imprisonment or higher, where the use of release on guarantee and removal from trial is not sufficient to prevent the occurrence of the following dangers to society, they shall be arrested.

    2. The arrest system in our country.

    The arrest system is provided for in our Code of Criminal Procedure. Article 81 of the Criminal Procedure Law of the People's Republic of China stipulates: "Where there is evidence to prove the facts of a crime and a criminal suspect or defendant may be sentenced to imprisonment or higher, the use of methods such as release on guarantee pending further investigation or residential surveillance is not sufficient to prevent the occurrence of danger to society, and where arrest is necessary, the arrest shall be made immediately in accordance with law."

    3. Whether to summon or arrest people directly after the fraud is filed.

    Whether to summon or arrest a person after a fraud case is filed needs to be decided on a case-by-case basis.

    Criminal suspects or defendants who have evidence to prove the facts of a crime and might be sentenced to imprisonment or higher shall be arrested if they meet the requirements for arrest, and criminal suspects who do not need to be arrested may be summoned to cooperate with the investigation. The details are as follows:

    1. Conditions for arrest: Where there is evidence to prove the facts of a crime and a criminal suspect or defendant who might be sentenced to a sentence of imprisonment or higher, and release on guarantee pending further investigation is not sufficient to prevent the occurrence of the following dangers to society, they shall be arrested.

    2. Time and place of interrogation: Criminal suspects who do not need to be arrested or detained may be summoned to a designated location in the city or county where the criminal suspect is located or to his residence for interrogation, but the people's procuratorate or public security organ shall present evidence and documents.

    3. Suspects who may destroy or fabricate evidence, interfere with witness testimony or collude should also be arrested.

    Paragraphs 3 and 4 of Article 81 of the Criminal Procedure Law.

    Where there is evidence to prove the facts of a crime and a sentence of 10 years imprisonment or more might be given, or where there is evidence to prove the facts of a crime and a sentence of imprisonment or higher might be given, and where a crime was intentionally committed or the identity is unknown, arrest shall be made.

    Criminal suspects or defendants released on guarantee pending further investigation or placed under residential surveillance may be arrested if they violate the provisions on release on guarantee pending further investigation or residential surveillance, and the circumstances are serious.

  11. Anonymous users2024-01-27

    The duration of compulsory measures (detention: 10 days, 14 days, 37 days) must not exceed 12 hours;

    The period of detention shall generally not exceed 14 days, with a maximum of 37 days in special circumstances; Public security detention: generally 14 days (3 days, extended by 1-4 days, 7 days for inspection and approval) and special 37 days (wandering crimes, multiple times.

    Investigative detention period (February, March, May, July).

    After the arrest of a criminal suspect, it must not exceed 2 months;

  12. Anonymous users2024-01-26

    There is no legal provision on how long an arrest can be released on bail. The key is to see whether the criminal suspect's circumstances meet the legal requirements for release on bail pending further investigation. In accordance with article 67 of the Criminal Procedure Law, 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) They may be sentenced to controlled release, short-term detention, or independently applying supplementary punishments; (2) A sentence of fixed-term imprisonment or higher may be given, and release on guarantee pending further investigation does not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant or breastfeeding their own babies, and are released on bail pending further investigation and are not in 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.

    Article 67 of the Criminal Procedure Law of the People's Republic of China.

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