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When release on bail expires, if there is no notice, the family may request that it be lifted.
Legal analysisRelease on bail pending further investigation is a criminal compulsory measure in accordance with relevant laws. refers to a compulsory measure in criminal proceedings in which public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be available with the summons, and that they will not be detained or temporarily released from detention. It is to be enforced by the public security organs.
Objectively speaking, after a criminal suspect is detained, the most important behavior that should be considered and most worthy of time and energy is release on bail pending trial. Release on guarantee pending further investigation refers to a compulsory method whereby the three organs of the public security, procuratorate, and law order a criminal suspect or defendant to provide a guarantor or pay a guarantee deposit in accordance with the law in criminal proceedings, to ensure that the criminal suspect or defendant does not evade investigation and trial, and to be summoned at any time. Such coercive measures can not only prevent criminal suspects and defendants from being detained, make them take care of their families or engage in their original work and labor, and do something beneficial to society, but also make them feel that the state and society care for them, and can also reduce the state's expenses for the living and management expenses of detainees, thereby reducing the pressure on the work of detention facilities.
Legal basisCriminal 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.
Article 99: People's courts, people's procuratorates, or public security organs shall release, lift release on guarantee, residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose legally-prescribed period of compulsory measures has expired. Criminal suspects or defendants, their legally-designated persons, close relatives, or defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.
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Hello. On the basis of the legal provisions on release on guarantee pending further investigation, the case-handling unit shall make a decision to lift release on guarantee or modify compulsory measures 15 days before the expiration of the time limit.
According to the provisions of the Criminal Procedure Law, suspects and their close relatives may apply to the public security organs for release on guarantee pending further investigation; Where public security organs refuse to lift or modify compulsory measures, they may appeal and make accusations to the people's procuratorate.
It is recommended to continue to negotiate with the public security organs, and if the public security organs continue to delay and do not reply, they may submit a written application, and may appeal and accuse the people's procuratorate.
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Go to the department handling release on guarantee pending further investigation and request the issuance of a letter of cancellation of pending further investigation.
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Find a reason to confiscate your security deposit!
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This is a normal procedure, during the period of release on bail pending trial, you must be on call, and normally once every quarter you have to summon to go back to the investigation for investigation, that is, to make a record, report to work, the dust oak is mainly to verify the facts of the case, fulfill the obligation to report, and erect that the criminal suspect or defendant who has been released on bail and awaiting trial should be promptly brought into the case. Generally speaking, as long as there is no violation of the rules that should be complied with during the period of release on bail, there is generally no arrest and there is no need to worry.
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Legal analysis: The time for release on bail has expired, usually one year. It may be revoked or transferred to the Public Prosecutor's Office. If you don't go to the problem, there is no result, and sooner or later there must be a conclusion. It is recommended to go.
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 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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Legal analysis: If you do not go, you will be on parole if you violate the provisions on release on bail pending further investigation, you will be canceled on bail pending further investigation, your security deposit will be confiscated or the guarantor will be punished, and you will be chased online, and if you are breastfeeding, you will not be detained, and you will be transferred to residential surveillance (you cannot leave a specific place, you cannot contact the outside world, and you cannot meet with anyone other than a specific person).
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 the adoption of release on guarantee pending further investigation would not lead to the risk of social danger or stopping the manuscript;
3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, are to be released on guarantee pending further investigation to ensure that there is no 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 submit 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.
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Summary. Hello, Legal Analysis: I have been released on bail pending trial for almost a year, and the police station notified me to go over:
It may be revoked or transferred to the procuratorate, and it is better to go to the police station to see what the specific situation is. According to the regulations, the police station must return to the police or talk to the persons who have completed their sentences or have been detained and released from the jurisdiction from time to time. Therefore, it is normal for the police station to hit ** to let you pass, and it is also in line with the regulations.
Hello, legal analysis: I have been released on bail pending trial for almost a year, and the police station informed me that Qi Zhao may be revoked or handed over to the procuratorate to send a delegation, and I should go to the police station to see what the specific situation is.
According to the regulations, the police station must return to the police or talk to the persons who have completed their sentences or have been detained and released from the jurisdiction from time to time. Therefore, it is normal for the police station to hit ** to let you pass, and Gao Xiankai is also in line with the regulations.
Legal basis: Article 77 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 of release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted. When release on guarantee pending further investigation or residential surveillance is lifted, the person under release on guarantee pending further investigation or residential surveillance shall be promptly notified to the person under release on guarantee pending further investigation or residential surveillance.
You must go to the local police station in advance to apply for approval before you can go to the field.
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. >>>More
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