The amount of some problems with release on bail pending further investigation does not mean that th

If not prosecuted, the case should be closed.

The public security organs should not release them on guarantee pending further investigation.

If the public security organ releases the person on bail pending further investigation, there is no need to be anxious, and the public security organ may apply for the release of the bail. If the public security organs find that there is still a suspicion and need to be released on bail pending further investigation, the time limit is one year, and after one year, it will naturally be lifted.

Generally speaking, after the procuratorate makes a decision not to prosecute, the criminal suspect whose freedom is restricted should be released, but the public security organ is not satisfied with the decision and may apply for reconsideration, and if it is not satisfied with the reconsideration decision, it may apply for a review, and finally it will have final legal effect. If the public security organs do not file a reconsideration, they shall be released without having to apply for release on guarantee pending further investigation.

The decision of the people's procuratorate not to prosecute does not completely mean that the litigation has been terminated. Because the public security organs really think that there are objections, they need to apply for a review. However, when the public security organs receive the people's procuratorate's decision not to prosecute, they must immediately release the suspect.

Regardless of objection, it must be released immediately. If the review of the people's procuratorate's decision not to prosecute is wrong.

Legal Analysis: Release on bail pending trial is not necessarily that the problem is not serious, but that there is no real danger. At the same time, release on bail pending further investigation does not mean that criminal responsibility will not be pursued, and when the period of release on bail expires**, there is mainly sufficient evidence that a real sentence may still be given, and a lawyer may be entrusted to apply for a suspended sentence.

Release on bail pending trial is to take the form of guarantee to let the criminal suspect (defendant) go home and wait for the trial. It is a criminal coercive measure. refers to a compulsory measure taken by public security organs, people's procuratorates, people's courts, and other judicial organs in criminal proceedings against criminal suspects or defendants to order them to provide a guarantor or pay a guarantee deposit to ensure that they are always available in order to prevent them from evading investigation, prosecution, and trial.

It is to be enforced by the public security organs.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 204:In the course of a court trial, in any of the following circumstances that affect the conduct of the trial, the trial may be postponed: (1) it is necessary to notify new witnesses to appear in court, collect new physical evidence, or conduct a new appraisal or inquest; (2) Where procurators discover that a case initiated for public prosecution needs to be supplemented with investigation, and make recommendations; (3) Where trial cannot be conducted due to an application for recusal.

Legal Analysis: Whether it is serious depends on the specific circumstances, and release on guarantee pending further investigation is only one type of criminal compulsory measure, which refers to compulsory measures in which the people's courts, people's procuratorates, or public security organs order certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits, and ensure that they are always on the way. Release on guarantee pending further investigation is to be enforced by the public security organs.

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.

Legal Analysis: Whether it is serious depends on the specific circumstances, and release on guarantee pending further investigation is only one type of criminal compulsory measure, which refers to compulsory measures in which the people's courts, people's procuratorates, or public security organs order certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits, and ensure that they are always on the way. Release on guarantee pending further investigation is to be enforced by the public security organs.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, Yuhao 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 so that there will be no 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 grant guarantee to a criminal suspect or defendant pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Legal analysis

Buy a car, pay a deposit, and do not sign a Tong state contract, under normal circumstances, it cannot be refunded under the bureau. If the party who paid the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure of the contract to be signed, it has no right to ask Qi to demand the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure to sign the contract, the party who paid the deposit can not only request a refund of the deposit, but also demand a double return.

Legal basis

Civil Code of the People's Republic of China

Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154:Civil juristic acts where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.

Article 505: The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with Section 3 of Chapter VI of Part 1 of this Law and the relevant provisions of this Part, and the invalidity of the contract shall not be confirmed solely on the basis of exceeding the scope of business.