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Release on guarantee pending further investigation must not exceed 12 months at the longest, and where the period for release on guarantee is complete, release on guarantee pending further investigation shall be promptly lifted, and the person released on guarantee pending further investigation and the relevant units shall be promptly notified.
According to 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 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.
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It's not that something is wrong, it's a normal legal process.
After the public security organ's investigation is completed, it will be transferred to the procuratorate, and the procuratorate will verify the investigation materials of the public security organ, and will also interrogate the criminal suspect to make a record of the interrogation, and after verifying that it is correct, file a lawsuit with the court, and finally the court will try the criminal suspect.
After the public security organs receive the relevant legal documents and materials, they shall immediately hand them over to the county-level public security organs for the criminal suspect's place of residence for enforcement. The county-level public security organ responsible for enforcement shall verify the identity of the person released on guarantee pending further investigation and the guarantor, as well as relevant materials, within 24 hours, and after reporting to the responsible person for the county-level public security organ, notify the police substation for the criminal suspect's place of residence for enforcement.
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I have been released on bail pending trial for a year, and now the case has been transferred to the procuratorate, will I be sentenced?
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After the transfer, the procuratorate will review the case, and if it is found that the case meets the standards for prosecution, it will be directly transferred to the court for prosecution, and for those cases that do not meet the prosecution criteria, a letter of exemption from prosecution will be issued.
Transferred to the Public Prosecutor's Office for prosecution
After being released on bail pending trial, the case will be transferred to the procuratorate, and the procuratorate will conduct a detailed verification of the facts of the case to determine whether the suspect's criminal facts are clear, whether the crime is minor or serious, if it is found that the facts of the crime are clear, and the relevant laws have been violated, and the requirements for prosecution will be directly transferred to the procuratorate to initiate a public prosecution, and the court will review the case and make a fair judgment on the suspect on a later date.
Transferred to the Public Prosecutor's Office for exemption from prosecution
After being transferred to the procuratorate after being released on bail pending trial, the case may not necessarily be prosecuted, but may be immunized for prosecution, especially in relatively small cases, or cases where a settlement has been reached and the victim's forgiveness has been obtained.
Will he be imprisoned if he is released on bail pending trial?
After being released on bail pending trial, the case will be transferred to the procuratorate, and it will be transferred to the court for prosecution under the conditions that meet the requirements for prosecution, but at this time the suspect may not necessarily be imprisoned, because the court will make a fair judgment according to the suspect's admission attitude and the facts of the crime, as well as relevant evidence during the trialIf the facts of the crime are serious and the other party does not forgive, the suspect will be imprisoned.
It can be seen from the above introduction that the case of release on bail pending trial without proof of innocence will also be transferred to the procuratorate, and it is necessary to see the results of the procuratorate's examination, if it is best to avoid a prosecution, if it is prosecuted, it depends on the court's verdict, and it is best to have a suspended sentence or serve outside of prison.
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It will not necessarily be transferred to the prosecutor's office, and if it is considered that the incident does not constitute a criminal act during the investigation, the case can be withdrawn.
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After being released on bail pending trial, it will definitely be transferred to the procuratorate, because release on bail pending further investigation means that judicial proceedings have begun.
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It will definitely be transferred to the procuratorate, and the release on bail pending trial means that the case has entered the judicial process, so it must be transferred to the procuratorate.
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Not necessarily, the case cannot be transferred to the procuratorate in the end, and it is stuck in the pre-trial department.
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Legal analysis: (1) Bail pending trial is only because the situation is not very serious, and he cannot be detained for the time being, pending summons and trial.
2) Please note that you must ensure that your mobile phone is unblocked, otherwise you will violate the provisions of release on bail pending trial, and if you do not have to wait for trial, the security deposit will be confiscated, and you can be criminally detained or arrested.
3) After being released on bail pending further investigation, the public security will continue the investigation, and then transfer it to the procuratorate for review, and the procuratorate will file a public prosecution with the court, and the court will notify you to participate in the trial after accepting it. If there is no violation of the bail requirement during this period, the bond can be refunded at the end.
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.
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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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 criminal proceedings, public security organs, people's procuratorates, people's courts, and other judicial organs are to prevent criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest, in order to prevent them from evading investigation, prosecution, and trial.
Article 172 of the Criminal Procedure Law stipulates that the people's procuratorate shall make a decision within one month on cases transferred for prosecution by the supervision organs and public security organs, and may extend the period of 15 days for major and complicated cases, and shall make a decision within 10 days if the criminal suspect admits guilt and accepts punishment and meets the requirements for applying the expedited procedures, and may extend it to 15 days where the sentence of fixed-term imprisonment may exceed one year.
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After being released on bail pending trial, the case was transferred to the Public Prosecutor's Office, as follows:
Release on guarantee pending further investigation is a compulsory measure taken by the public security organs, people's procuratorates, people's courts, and other judicial organs in criminal proceedings against criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest, in order to prevent them from evading investigation, prosecution, and trial, order them to provide a guarantor or pay a guarantee deposit, 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.
1) Release on bail does not mean that it will be fine, but because the situation is not very serious, it is temporarily impossible to detain, and let me wait at home for summons and trial.
2) Please note that you must ensure that the mobile phone is unblocked, otherwise the public security or the procuratorate cannot find it, it is a violation of the provisions of release on bail pending trial, and if there is no pending trial, the security deposit will be confiscated, and you can be criminally detained or arrested at the same time.
3) After being released on bail pending trial, the public security will continue the investigation, and then transfer it to the procuratorate for review, and the procuratorate will file a public prosecution with the court, and the court will notify you to participate in the trial after accepting it. If there is no violation of the bail requirement during this period, the bond may be refunded.
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Release on bail pending trial is temporary. Other procedures are still on the way.
After the procuratorate examines the indictment, the court finally makes a decision.
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 victim's or the victim's close relatives' forgiveness, the three departments of the public security, procuratorate, and law may release the criminal suspect on guarantee pending further investigation 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 departments "may" or "shall" apply release on guarantee to the 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. >>>More
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