If the bail is lifted, will the case never be closed for the rest of his life?

Updated on society 2024-03-23
5 answers
  1. Anonymous users2024-02-07

    Whether or not to close a case or withdraw a case is not the act of the applicant of the party, but the authority of the public security organs. There is no specific provision to explain how long it takes for a bail case to be closed, and the case can only be closed if the public security organ believes that the person's conduct does not constitute a crime. But the case record follows the individual for a lifetime.

  2. Anonymous users2024-02-06

    Legal Analysis: The release of bail pending further investigation will not necessarily conclude the case, depending on the actual situation, as follows:

    1. After the period of release on guarantee pending further investigation is completed, where, in accordance with legally-prescribed procedures, the case-handling unit does not pursue the suspect's criminal responsibility, the release on guarantee pending further investigation shall be revoked, and a "Decision to Withdraw the Case" or "Decision not to prosecute" shall be issued at the same time;

    2. If the case-handling unit only releases the case on bail pending further investigation and does not issue a "Decision to Withdraw the Case" or a "Decision not to prosecute", it will still be prosecuted and sentenced if the case is not concluded.

    Legal basis: Article 66 of the Criminal Procedure Law of the People's Republic of China: Based on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under custodial summons, release on guarantee pending further investigation, or residential surveillance. 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.

  3. Anonymous users2024-02-05

    Summary. Hello dear, happy to answer your <>

    If the bail is released pending further investigation, but the case is not concluded, the parties should be released immediately, and there is no provision on when the case will be concluded, and if criminal responsibility is not pursued, the public security organs will withdraw the case. 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.

    The bail was released pending trial, but the case was not closed.

    Hello dear, happy to answer your <>

    If the bail has been lifted pending further investigation, but the case has not been concluded, the person involved should be released immediately, and there is no provision on when the case will be closed, and if criminal responsibility is not pursued, the public security organs will withdraw the case. 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.

    When 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 banking unit shall be promptly notified.

    Legal Analysis: According to the regulations, after the release on bail pending further investigation, but the case was not concluded, the public security organ or the procuratorate did not have sufficient evidence to determine that the suspect participated in the crime, so they would not pursue the suspect's criminal responsibility until there was new evidence. The effect of the release on bail pending trial is that the case is still in the process of criminal proceedings, and whether or not to pursue the crime depends on the circumstances.

    Legal basis: Article 79 of the Criminal Procedure Law of the People's Republic of China: 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 a person under 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 163: Where, in the course of investigation, it is discovered that criminal responsibility should not be pursued for criminal responsibility, the case shall be withdrawn; Where the criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that approved the arrest shall be denied.

  4. Anonymous users2024-02-04

    Legal Analysis: After the release on bail pending trial is cancelled, the case is not necessarily closed. It may also be due to some other statutory reasons that the rock removal land bail has been cancelled.

    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 without causing danger to society;

    4) The period of detention has expired, 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.

  5. Anonymous users2024-02-03

    Summary. The release on guarantee pending further investigation may not necessarily conclude the case, and it depends on the actual circumstances, as follows: 1. After the period of release on guarantee pending further investigation is completed, and in accordance with legally-prescribed procedures, where the case-handling unit does not pursue the suspect's criminal responsibility, the release on guarantee pending further investigation shall be revoked, and a "Decision to Withdraw the Case" or "Decision not to prosecute" shall be issued at the same time; 2. If the case-handling unit only releases the case on bail pending further investigation and does not issue a "Decision to Withdraw the Case" or a "Decision not to prosecute", it will still be prosecuted and sentenced if the case is not concluded.

    The release on guarantee pending further investigation does not necessarily mean that the case will be closed, and it depends on the actual situation, as follows: 1. After the expiration of the period of release on guarantee pending further investigation, in accordance with the legal procedures, the unit handling the case does not pursue the criminal responsibility of the suspect, the release on guarantee pending further investigation shall be revoked, and a "Decision to Withdraw the Case" or "Decision not to prosecute" shall be issued at the same time; 2. If the case-handling unit only lifts the bail pending trial and does not issue a "Decision to Withdraw the Case" or a "Decision not to prosecute", it will still be prosecuted and sentenced if the case is not concluded.

    Legal basis: Article 66 of the Criminal Procedure Law of the People's Republic of China: Based on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may custodial summons, release on guarantee pending further investigation, or residential surveillance against criminal suspects or persons who have been accused. 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 criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently applied an additional sentence; 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.

    What is the reason for the release of bail?

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