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What crime is this to be committed, and how many years is the sentence. For general crimes, those who have been committed for less than three years can apply.
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If the elderly person in the family is seriously ill after being detained, he or she may apply for release on bail pending further investigation, and if the conditions are met, he or she can handle it.
Article 65 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant 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 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.
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Where the requirements for release on guarantee pending further investigation are met, they may be released on guarantee pending further investigation, and the case-handling organ will decide whether to approve it, and the serious illness of a relative is not a reason for release on guarantee pending further investigation.
Legal basis: Article 65 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) 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.
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A family member who is seriously ill and cannot be released on bail pending further investigation does not meet the requirements for release on bail pending further investigation. On the basis of the provisions of relevant laws, where crimes are committed in a different area, the public security organ for the place where the criminal conduct occurred has jurisdiction over the case, and where the requirements for release on guarantee pending further investigation are met, an application for release on guarantee pending further investigation may be made. Criminal suspects and defendants, their legally-designated persons, and close relatives have the right to apply for release on guarantee pending further investigation.
Legal analysis
A family member who is seriously ill is not a prerequisite for release on bail pending further investigation, and cannot apply for release on bail pending further investigation on this ground, but as long as the conditions for release on bail pending further investigation are met, they can be released on bail pending further investigation. There are two statutory conditions for release on bail pending further investigation: first, the person may be sentenced to controlled release, short-term detention, or an additional sentence that can be applied independently; Second, a sentence of fixed-term imprisonment or higher may be imposed, and release on guarantee pending further investigation will not cause danger to society.
One of these two conditions is sufficient. In addition, any case-handling agency is afraid of being held responsible, and as long as the medical examination reveals a condition that is not suitable for detention, it can be released on bail pending trial. After making the above judgment, the following procedure can be followed:
1. The person, his family and the lawyer he hired apply to the case-handling organ for release on guarantee pending further investigation. 2. The case-handling organ fills out the "Report on Petition for Release on Guarantee Pending Trial" and is approved by the person in charge of the county or municipal public security organ. 3. Submit a guarantor or a security deposit, which will be reviewed by the case-handling organ.
person, fill in the guarantee form. 4. Fill in the "Decision on Release on Guarantee Pending Trial". 5. Announce the provisions to the person released on guarantee, explain the matter, and inform the legal responsibility.
6. Transfer the person released on guarantee to the police station for enforcement. 7. Release on bail pending further investigation (the maximum time limit is 12 months).
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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The absence of social harm is one of the necessary conditions for release on bail pending further investigation. If both parents are elderly and seriously ill and have no one else to take care of them, the suspect is the sole caretaker of the person who cannot take care of himself and may be released on bail pending trial. In the absence of legal care, the suspect's parents have only one relative of the suspect and no other relatives.
For example, if the suspect's parents have other children, but these children do not take care of their parents, they are not the sole caregiver under the law.
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This ground is not a condition for release on bail.
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First of all, there is no document called a "pursuit warrant". Second, whether or not a person can be released on bail pending trial depends on the specific circumstances of the case and the specific circumstances of the suspect. The following are the conditions for release on bail, which you can check for yourself:
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 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, the case has not yet been completed, and it is necessary to continue the investigation.
5) Where the evidence does not meet the requirements for arrest of a criminal suspect in custody, and where the people's procuratorate does not approve the arrest after an arrest is submitted, and it is necessary to continue the investigation, and the requirements for release on guarantee pending further investigation are met, they may be released on guarantee pending further investigation in accordance with law.
Recidivists, principal offenders of criminal groups, criminal suspects who have escaped investigation by means of self-injury or self-harm, and criminal suspects of serious violent crimes or other serious crimes must not be released on guarantee pending further investigation, except where the criminal suspect has the circumstances provided for in items 3 and 4 above.
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It depends on the specific situation, some can and some can't, so it is recommended that it is safer to ask a lawyer on the legal partner platform.
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Depending on the crime, my friend can't be bailed out if he's sick.
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It is not possible to apply for release on bail pending further investigation. If there are other relatives, they can be allowed to take the children with them. Unless the child is still an infant and needs to be breastfeeding, or the child has no one else to take care of the child, residential surveillance can be applied.
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Look at the cause and the child's condition.
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In this case, release on bail pending further investigation may be processed.
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If you open a casino and have a criminal record, the public security or judicial authorities will not approve the release on bail pending trial. The parents of criminal suspects or defendants who are sick do not meet the requirements for release on guarantee pending further investigation, and the requirements for release on guarantee pending further investigation are as follows.
Article 65 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) 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.
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Unless you are seriously ill.
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Judicial organs may order a criminal suspect or defendant to provide a guarantor or guarantee deposit when they decide to release them on guarantee pending further investigation. In order to ensure the normal conduct of criminal proceedings, the guarantor proposed by the criminal suspect or defendant must meet the requirements prescribed by law.
1) The guarantor must not be implicated in the case and have no interest in the crime that the criminal suspect or defendant is suspected of.
2) The guarantor shall have the ability to perform the guarantee obligation.
3) Witnesses shall enjoy political rights, and their personal liberty shall not be restricted.
4) They should have a fixed residence and income, have their own permanent residence in the place where the guaranteed person resides, and have a stable economic income.
The above four conditions must be met at the same time, and the judicial organs shall conduct a review of the guarantor candidates proposed by the criminal suspect or defendant, and where the requirements are not met, they shall order the guarantor to be submitted again or adopt the method of providing a guarantee deposit.
Release on guarantee pending further investigation refers to a compulsory measure taken by the 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 or she will not evade or obstruct the investigation, and to be available at any time. It is usually used for criminal suspects who have committed minor crimes that do not require detention or arrest, but require certain restrictions on their freedom of movement.
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Conditions that must be met by a guarantor who is released on bail pending further investigation:(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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The guarantor must meet the following criteria:
(1) Not involved in the case;
2) Ability to perform guarantee obligations;
3) Enjoy political rights and have not had their personal liberty restricted;
Article 51 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.
Release on guarantee pending further investigation refers to a non-custodial compulsory measure taken by the judicial organs against a criminal suspect or defendant in order to ensure the normal conduct of the litigation activities, and to ensure that the criminal suspect or defendant does not affect the course of the litigation process and that the criminal suspect or defendant can be summoned at any time, in order to ensure the normal conduct of the litigation activities.
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Article 54 of the Criminal Procedure Law: Guarantors must meet the following requirements:
(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.
Article 55 The guarantor shall perform the following obligations:
1) Supervise the guaranteed person's compliance with the provisions of Article 56 of this Law;
2) Where it is discovered that the guaranteed person may have violated the provisions of Article 56 of this Law, it shall promptly report to the enforcement organ.
If the guarantor violates the provisions of Article 56 of this Law and fails to report it in a timely manner, the guarantor shall be fined, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law.
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According to article 54 of the Criminal Procedure Law, a guarantor for release on guarantee pending further investigation shall:
1. Not involved in this case, and 2. Ability to perform the guarantee responsibility.
3. Enjoying political rights and unrestricted personal freedom.
4. Have a fixed residence and income.
The guarantor's warranty obligations include:
1. Supervise the guarantor's compliance with the following provisions:
1) Must not leave the city or county where they live without the approval of the enforcement organ (2) and promptly appear in the case at the time of arraignment.
3) Witnesses must not be interfered with in any form to testify.
4) Fabricated evidence or collusion must not be destroyed.
2. Where it is discovered that the guaranteed person may have committed or has already committed the above-mentioned acts, it shall promptly report to the enforcement organ.
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Guarantors who are released on bail pending further investigation must be unstained, honest, and powerful, and the most important thing is that they need to pay a guarantee deposit before they can be released on bail pending further investigation.
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The guarantor of release on bail pending further investigation should be a local with a regular job and certain economic conditions.
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Release on bail pending further investigation is only a compulsory measure in the course of criminal proceedings, and whether or not to be sentenced and how to sentence will only be decided after further investigation and trial by the judicial organs. Judging from judicial practice, those who can be released on bail pending trial are those who have committed relatively minor crimes, and the chances of obtaining a suspended sentence are still relatively large.
As long as they meet the requirements, they can apply for release on bail pending further investigation.
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.
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Release on bail pending trial is a kind of surveillance system in criminal proceedings, that is, a surveillance system outside of prison in order to prevent criminal suspects who are not enough to be arrested from escaping! Up to 12 months! During the period, the provisions of the law on bail pending trial must be observed
Permission is required to leave the county or city where you live, and the custodial summons can be sent at any time, and witnesses must not be obstructed from testifying, and evidence must not be destroyed! There is no prohibition in other laws! Life and work as usual!
As for the work you said, it will be handled according to the provisions of the signed contract!
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Release on guarantee pending further investigation refers to a compulsory method whereby a court, procuratorate, or public security organ orders a criminal suspect or defendant to provide a guarantor or pay a guarantee deposit in the course of criminal proceedings to ensure that the criminal suspect or defendant is always available. You can ask for a return to work, but the employer may not agree to resume work.
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