How long does it take to release a person on bail from the procuratorate?

Where parties apply for release on guarantee pending further investigation, the case-handling organ shall make a response within 3 days as to whether or not they agree to release on guarantee pending further investigation.

According to article 97 of the Criminal Procedure Law of the People's Republic of China, criminal suspects or defendants and their legally-designated persons, close relatives or defenders have the right to apply for modification of compulsory measures. After the people's courts, people's procuratorates, and public security organs receive an application, they shall make a decision within 3 days; Where they do not agree to modify the compulsory measures, they shall inform the applicant and explain the reasons for not agreeing.

Article 98: Where a case in which a criminal suspect or defendant is in custody cannot be completed within the time limits provided for in this Law, such as investigation and detention, review for prosecution, or first-instance or second-instance trial, the criminal suspect or defendant shall be released; Where it is necessary to continue the investigation or trial, the criminal suspect or defendant may be released on guarantee pending further investigation or placed under residential surveillance.

If a convict needs to be released on medical parole, the prison district shall discuss and approve it, report it to the prison administration department for review, and conduct a disability evaluation after the preliminary review is approved. The prison will send someone to lead the convict to a hospital designated by the provincial people. Based on the convict's condition, hospitals shall organize doctors from relevant departments to form an evaluation team of 3 or more people, responsible for issuing evaluation documents, attaching supporting documents such as diagnosis and auxiliary diagnosis, and signing and affixing a seal on the evaluation documents.

Before reporting for medical parole, the prison shall solicit the opinions of the public security organ for the location of the convict's family, and the public security organ shall promptly reply. After the prison receives the decision that the convict has been granted parole (the prison shall report to the provincial bureau for approval after review), it shall promptly notify the guarantor. There is no time limit.

1. How long does it take to arrive at the procuratorate after being released on bail pending trial?

1. The time to arrive at the procuratorate after release on bail depends on the specific situation. Under normal circumstances, the case should be transferred to the procuratorate for prosecution within one year, and the specific time should be determined by the investigating organ on the basis of the actual circumstances of the case. According to the provisions of the Criminal Procedure Law, the maximum period of release on bail pending further investigation shall not exceed 12 months, that is, the investigation must be completed within 12 months after the investigating agency has taken measures to release the criminal suspect on bail pending further investigation

1) If a crime is constituted, it shall be transferred to the procuratorate for prosecution;

2) If a crime is not constituted, the filing of the case against the criminal suspect shall be revoked and the measures of release on guarantee pending further investigation shall be cancelled.

2. Legal basis: Article 79 of the Criminal Procedure Law of the People's Republic of China.

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.

2. Do I still have to go to jail if I am released on bail pending trial?

It depends on the situation. Release on bail pending trial is only a relatively liberal coercive measure, not a final criminal verdict, so it does not mean that as long as the bail is processed, the defendant will be fine, although he will no longer have to be detained in a detention center, he still has to wait for trial. Since it still needs to be tried by a court, it is possible to get a sentence of fixed-term imprisonment, and there is a possibility of imprisonment.

From going through the formalities for release on guarantee pending further investigation to letting go of the foolish people, the fastest time is 1 day, and a reply should be given within 3 days.

Release on bail pending further investigation is a temporary compulsory measure against a criminal suspect in the course of criminal proceedings, and the period of time is not to exceed 12 months.

If a criminal suspect or defendant meets the requirements for release on bail pending further investigation, it generally takes about a week from the submission of the application to the examination and approval, and the release on bail will be executed within 24 hours after approval, and the maximum shall not exceed 12 months.

Article 65 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 person might be sentenced to controlled release, short-term detention, or an additional punishment is independently 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 the adoption of release on guarantee pending review 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. Article 95: Criminal suspects or defendants and their legally-designated persons, close relatives, or defenders have the right to apply for modification of compulsory measures.

After the people's courts, people's procuratorates, and public security organs receive the application, they shall make a decision within 3 days; Where they do not agree to modify the compulsory measures, they shall inform the applicant and explain the reasons for not agreeing.