What does the release certificate of release on bail pending further investigation issued by the p

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

    The certificate of release issued by the public security organ is a legal document that refers to the decision of the public security organ to take measures to release a criminal suspect who has been criminally detained or arrested, so the criminal suspect is released without further detention.

    In addition, release on bail pending further investigation is only a criminal coercive measure taken against a criminal suspect, and does not mean that the criminal responsibility of the criminal suspect will no longer be pursued. After a criminal suspect is released on bail pending further investigation, the public security organs will still investigate the case, and if they believe that the criminal responsibility of the criminal suspect should be investigated, they will still transfer the case to the procuratorate for prosecution, and finally the court will still conduct the trial and judgment.

    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

    Release on bail pending further investigation is a criminal compulsory measure provided for in the Criminal Procedure Law of the People's Republic of China. In China, it refers to compulsory measures taken by people's courts, people's procuratorates, or public security organs ordering certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits to ensure that they will be available at all times.

    Release on bail requires the payment of a bond or guarantee, but release does not; While on bail, suspects are guaranteed to be summoned with them, but release means that they are innocent and do not need to be summoned unconditionally.

  3. Anonymous users2024-02-04

    Report the situation to the public security organs and learn about the progress of the case. Relevant laws: Article 58 of the Criminal Procedure Law: 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.

  4. Anonymous users2024-02-03

    A release certificate is not the same as release on bail. A release certificate is a certificate that you have been released from a place of detention and that your physical restrictions have been lifted. "Release on guarantee pending further investigation" refers to a coercive measure or coercive measure taken by an investigating organ ordering a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he will not evade or obstruct the investigation.

    1. Is there a relationship between release on bail and release certificate?

    Where there is a relationship, after the criminal suspect is released on guarantee pending further investigation, he or she must have a release certificate when released from the detention center. This is the formality. However, release on bail is not an acquittal, and the investigation and handling of the case must not be suspended during the period of release on bail, and if there are indeed facts of a crime, criminal responsibility must still be pursued.

    2. What should I do when the time limit for release on bail is up?

    1. Where release on guarantee pending further investigation is about to expire, the enforcement organ shall notify the decision-making organ in writing 15 days before the expiration of the time limit, and the decision-making organ is to make a decision to lift release on guarantee or modify the compulsory measures, and notify the enforcement organ in writing before the time limit is completed.

    2. After the enforcement organ receives the decision-making organ's "Decision to Lift Release on Guarantee Pending Trial" or a notice of modification of the compulsory measures, it shall immediately enforce it and promptly notify the decision-making organ of the enforcement situation.

    3. Where the person released on guarantee has not violated the provisions of article 69 of the Criminal Procedure Law during the period of release on guarantee, nor has he intentionally committed another crime, the enforcement organ at the county level or above shall draft a "Decision to Return the Guarantee Deposit", notify the bank to return the guarantee deposit in full, and notify the decision-making organ in writing.

    4. The enforcement organ shall promptly announce the decision to return the guarantee deposit to the person released on guarantee, and notify him in writing to collect the returned guarantee deposit at the bank.

    Legal basis] Article 67 of the Criminal Procedure Law, 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) There might be a sentence of controlled release, short-term detention, or independent application of supplementary punishments;

    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.

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