Can a minor injury case be released on bail pending trial in the Public Prosecutor s Office?

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

    In judicial practice, if the criminal suspect has a good attitude in admitting guilt after intentionally causing serious injury, compensates the victim's losses, and obtains the forgiveness of the victim or the victim's close relatives, the three departments of the public security, procuratorate, and law may release the criminal suspect on guarantee pending trial if the criminal suspect applies or another person applies on his behalf. 1. According to the provisions of China's current laws, in any of the following circumstances, the judicial department "may" or "shall" apply release on guarantee pending further investigation to a criminal suspect or defendant. (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 would not cause danger to society; (3) Women who should be arrested in accordance with law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or breastfeeding their own babies; (4) Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient.

    5) Criminal suspects or defendants who have already been arrested and detained cannot conclude the case within the legally-prescribed time limits for investigation and detention, review for prosecution, and first-instance or second-instance trials, and the adoption of the method of release on guarantee pending further investigation is not harmful to society. (6) Criminal suspects who hold valid passports or other valid exit documents and may leave the country to evade investigation, but do not need to be arrested.

  2. Anonymous users2024-02-06

    Legal Analysis: Minor injury cases can generally be released on bail pending further investigation, and the specific situation should be carried out in accordance with relevant provisions, and an application may be submitted if the conditions for release on guarantee pending further investigation are met. Article 67 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; Wait a minute. Legal basis: Article 67 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 would 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 taking release on guarantee pending further investigation will not cause danger to society; (4) 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.

    Article 69: Guarantors must meet the following requirements: (1) not be implicated in the case; (2) Have the ability to perform guarantee obligations; (3) They enjoy political rights and their personal freedom is not restricted; (4) Have a fixed residence and income.

  3. Anonymous users2024-02-05

    As long as the conditions for release on guarantee pending further investigation are met, release on guarantee pending further investigation can be processed.

    Article 65 of the Criminal Procedure Law 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 would 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 taking release on guarantee pending further investigation will not cause danger to society;

    (4) 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.

  4. Anonymous users2024-02-04

    1. Whether a case of minor injuries can be released on bail pending further investigation.

    1. Minor injuries can be released on bail pending trial, but it also depends on the circumstances of the case. If a fight causes minor injuries or is suspected of a crime of intentional injury, the suspect may apply for release on bail pending further investigation, either by himself or by his family, or by retaining a lawyer. Generally, a sentence of fixed-term imprisonment or higher may be given, and the adoption of release on guarantee pending further investigation will not cause danger to society, and it will be approved.

    2. Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China.

    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 the use of a lead 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 taking release on guarantee pending further investigation will not cause danger to society;

    (4) 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. What are the procedures for handling release on bail pending further investigation:

    1. Application. A criminal suspect in custody has the right to apply for release on bail pending further investigation;

    2. After receiving an application for release on bail pending further investigation, the public security organs, the people's procuratorates, and the people's courts shall give a reply within 7 days of whether they agree or not;

    3. Execution. When enforcing the law, the public security organs shall read out the "Decision on Release on Guarantee Pending Trial" to the criminal suspect or defendant.

  5. Anonymous users2024-02-03

    Minor injuries can be released on bail pending trial. Minor injuries caused by a fight, and a cong bumper suspected of intentional injury can be released on bail pending further investigation. Suspects may apply on their own, by their families, or by retaining a lawyer.

    This is because minor injury cases fall under the statutory condition of release on bail pending trial, which may result in the possibility of being sentenced to controlled release, short-term detention, or the independent application of supplementary sentences.

    Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China stipulates that the people's courts, people's procuratorates and public security organs may release suspects or defendants on bail 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 would 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 taking release on guarantee pending further investigation will not cause danger to society;

    4) The period of detention is complete, and the case has not yet been completed, and it is necessary to take the earlier step of release on guarantee pending further investigation.

    Release on guarantee pending further investigation is to be enforced by the public security organs.

  6. Anonymous users2024-02-02

    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 criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently applying an additional sentence; (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 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 cause danger to society; (4) 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.

    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) where a sentence of careless controlled release, short-term detention, or an additional punishment may be applied independently; (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 serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to release the lead on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

  7. Anonymous users2024-02-01

    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 criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently applying an additional sentence; (2) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society to occur carelessly; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) 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.

    [Legal basis].: Code of Criminal Procedure

    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 use of bail to inspect pending trial 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 babies, and are released on bail pending further investigation will not cause danger to society;

    (4) 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.

  8. Anonymous users2024-01-31

    For the crime of minor assault, he may be released on bail pending further investigation. Where intentional injury causes minor injury and the crime of intentional injury is suspected, and the criminal suspect is criminally detained after the public security organ files a case, an application for release on guarantee pending further investigation may be made if the conditions are met. Release on bail pending further investigation does not cost money, but only a deposit is paid, and at the end of the bail pending further investigation, if there is no violation of the provisions, it can be returned in full.

    The general deposit shall not exceed 10,000 yuan.

    Article 67 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 in any of the following circumstances:

    1) Where a sentence of controlled release, short-term detention, or independent application of a sentence with no additional punishment in the object applied;

    (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 serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

    (4) 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.

  9. Anonymous users2024-01-30

    Criminal detention for minor injuries may be released on bail pending further investigation as long as the conditions for release on guarantee pending further investigation are met. Conditions for release on bail pending trial:

    1) The period of detention is complete, the case has not yet been completed, and it is necessary to take release on guarantee pending further investigation;

    2) The blind section can be sentenced to fixed-term imprisonment or higher, and release on guarantee pending further investigation will not cause danger to society;

    3) Where a sentence of controlled release, short-term detention, or an additional punishment may be applied independently.

    [Legal basis].Article 67 of the Criminal Procedure Law of the People's Republic of China.

    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 taking release on guarantee pending further investigation will not cause danger to society;

    (4) 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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