What are the conditions for applying for release on bail pending further investigation?

Updated on society 2024-03-12
3 answers
  1. Anonymous users2024-02-06

    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.Those who should be arrested, but suffer from serious illnesses that make it unfit for detention, such as those who are unable to take care of themselves due to illness, may be released on bail pending further investigation;

    4.Those who should be arrested in accordance with law, but are pregnant or breastfeeding their own infants.

    Legal basis] According to article 68 of the Criminal Procedure Law, when a people's court, people's procuratorate, and public security organ decides to release a criminal suspect or defendant on guarantee pending further investigation, they shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

  2. Anonymous users2024-02-05

    The conditions for applying for release on guarantee pending further investigation are: 1. Those who may be sentenced to controlled release, short-term detention, or independently apply supplementary punishments; 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 babies, and are released on bail pending further investigation will not be a danger to society; 4. At the completion of the period of detention, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation. Release on guarantee pending further investigation and residential surveillance are to be enforced by the public security organs.

    Release on bail pending trial is also one of the criminal coercive measures.

    [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.

  3. Anonymous users2024-02-04

    Legal Analysis: Bail pending trial is a coercive measure. The investigating organs require criminal suspects to be present at all times, and to ensure that they do not evade or obstruct the investigation by providing guarantors, paying security deposits, and issuing guarantees.

    Release on bail pending further investigation is for criminal suspects who have committed minor crimes that do not require detention or arrest, but whose freedom of movement is restricted. As long as the following conditions are met, they can be released on bail pending trial: they have been sentenced to controlled release, short-term detention or independently applied supplementary sentences; sentenced to fixed-term imprisonment or higher; Pregnant and breastfeeding women who are seriously ill and unable to take care of themselves and whose detention period has expired and whose cases have not yet been concluded.

    Legal basis: Criminal Law of the People's Republic of China Article 66: People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or make friends to pay a guarantee deposit.

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