Regarding release on bail pending trial in traffic accidents, how is bail pending trial in traffic a

Updated on society 2024-03-21
4 answers
  1. Anonymous users2024-02-07

    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 China, it refers to compulsory measures taken by people's courts, people's procuratorates, or public security organs ordering certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits to ensure that they will be available at all times. It is to be enforced by the public security organs.

    Applicable objects: (1) those who might be sentenced to controlled release, short-term detention, or independently applied supplementary punishments; (2) A sentence of fixed-term imprisonment or higher might be given, but release on guarantee pending further investigation will not cause danger to society; (3) Where it is necessary to arrest a woman who is suffering from a serious illness, or who is pregnant or breastfeeding her own baby, and is not suitable to be arrested; (4) Cases in which criminal suspects or defendants are detained cannot be completed within the legally-prescribed time limits for investigation and detention, review for prosecution, first-instance trial, or second-instance trial, and it is necessary to continue the investigation and trial.

    The 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 an additional punishment might be applied independently;

    2) A sentence of fixed-term imprisonment or higher might be given, and the use of release on guarantee pending further investigation or residential surveillance will not cause danger to society.

    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.

    Where a criminal suspect is arrested, the lawyer hired may apply for release on guarantee pending further investigation.

    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.

    It is best to contact the public security organs about whether your brother can be released on bail pending trial, and they will tell you what procedures to go through.

  2. Anonymous users2024-02-06

    Summary. Legal basis: Article 71 of the Criminal Procedure Law: Criminal suspects or defendants released on guarantee pending further investigation shall comply with the following provisions: Where the provisions on release on guarantee pending further investigation are violated and it is necessary to be arrested, the criminal suspect or defendant may be detained in advance.

    What should I do if I have a traffic accident while on bail.

    If there is a traffic accident during the period of release on bail, if it is not a traffic accident caused by the person on bail, or if the traffic accident is caused by the person on bail pending trial, and it does not constitute a crime, the wide infiltration shout is handled normally and the traffic accident can be shouted; If the person released on bail causes a traffic accident and causes serious consequences, it constitutes the crime of causing a traffic accident, and the release on bail will be revoked and the person will be detained first.

    Legal Basis: Article 71 of the Criminal Procedure Law: Criminal Procedure Law Criminal suspects or defendants released on guarantee pending further investigation should comply with the following provisions: Where the provisions on release on guarantee pending further investigation are violated and it is necessary to be arrested, the criminal suspect or defendant may be detained in advance.

    What exactly are you referring to?

  3. Anonymous users2024-02-05

    The procedures for release on bail pending further investigation are as follows: Application for release on bail. Detained criminal suspects and defendants, their legally-designated persons, close relatives, and lawyers retained by criminal suspects have the right to submit applications for release on guarantee pending further investigation.

    Decision on release on bail. After the public security organs, people's procuratorates, and people's courts receive an application for release on guarantee pending further investigation, they shall make a reply within 7 days of whether they agree or not. Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, it shall be reported to the responsible person at a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval, and a "Decision on Release on Guarantee Pending Investigation" and a "Notice of Enforcement of Release on Guarantee Pending Investigation" shall be issued, and the criminal suspect or defendant shall be ordered to provide a guarantor or pay a guarantee deposit.

    Enforcement of release on bail pending further investigation. The enforcement organ for release on guarantee pending further investigation is the public security organ. 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, and have them sign or affix a seal, informing them of the rules and regulations that they should abide by during the period of release on guarantee.

    If a criminal suspect or defendant does not violate the provisions of Article 56 of the Criminal Procedure Law during the period of release on guarantee pending further investigation, after the period of release on guarantee pending further investigation has expired, the public security organ responsible for enforcement shall return the guarantee deposit to the criminal suspect or defendant and inform the guarantor to release the guarantee. Release on guarantee pending further investigation must not exceed 12 months. During the period of release on guarantee pending further investigation, the investigation, prosecution, and trial of the case must not be interrupted.

    Where the period for release on guarantee pending further investigation is completed, or where it is discovered that there are circumstances that do not provide for criminal responsibility as provided for in article 15 of the Criminal Procedure Law, or where the case has already been completed, the organ that made the original decision shall make a decision to revoke release on guarantee pending further investigation and notify the public security organ responsible for enforcement. Recidivists, principal offenders of criminal groups, suspects of evading investigation by self-injury and self-harm, and violent crimes cannot be released on bail pending trial.

    Article 79 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, the 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.

  4. Anonymous users2024-02-04

    1. The following conditions must be met to 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:

    The above is the details of who approved the release on bail pending trial in a traffic accident.

    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, and the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

    2. The applicant needs to submit an application to apply for release on bail pending further investigation.

    Criminal suspects and defendants and their legally-designated persons, close relatives, and defenders need to submit an application for release on guarantee pending further investigation to the public security, procuratorate, or court. "Legal person" refers to a person who is respected by a person who engages in a certain act in accordance with the law. According to the provisions of Article 106 of the Criminal Procedure Law, the statutory ** person refers to the parents, adoptive parents, guardians of the ** person, and the representatives of the organs and organizations with the responsibility to protect:

    "Close relatives" refers to husbands, wives, fathers, mothers, sons, daughters, and siblings.

    3. Two ways of release on bail pending further investigation.

    One is to provide a guarantor guarantee. In other words, the person released on guarantee must propose a qualified person as his guarantor, and the guarantor must bear the obligations prescribed by law to ensure that the guarantor can be present at any time. If the person released on guarantee violates the provisions and the guarantor fails to report it in a timely manner, the guarantor shall be fined.

    where a crime is constituted, criminal responsibility is pursued in accordance with law.

    One is to provide a security deposit. Where a criminal suspect or defendant is released on guarantee pending further investigation, a certain amount of cash is to be paid as a guarantee. If the relevant provisions are violated, the guarantee deposit will be confiscated, and the criminal suspect or defendant will be ordered to make a statement of repentance, pay a new guarantee deposit, provide a guarantor or place him under residential surveillance, and arrest him.

    Where the criminal suspect or defendant has not violated relevant provisions during the period of release on guarantee pending further investigation, the guarantee deposit shall be returned at the end of the release on guarantee.

    Where a decision is made to release the same criminal suspect or defendant on guarantee pending further investigation, the guarantor guarantee and the guarantee deposit cannot be used at the same time.

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