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5w bar, the process can go to the lawyer's office to ask,
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The minimum amount of the security deposit for the suspect is 1,000 yuan. The specific amount shall be determined by comprehensive consideration of circumstances such as the need to ensure the normal conduct of litigation activities, the criminal suspect's danger to society, the nature and circumstances of the case, the severity of the punishment that might be given, and the economic status of the person suspected of being the criminal suspect.
For economic crimes, crimes infringing on property, or other crimes that cause property losses, the standard for the amount of guarantee deposits to be collected may be determined at 1-3 times the amount involved in the case or the amount of direct property losses; For other criminal offenses, depending on the different circumstances of the case, the standard for the amount of the guarantee deposit may be determined to be between 2,000 and 50,000 RMB.
Legal basis] Article 72 of the Criminal Procedure Law of the People's Republic of China: The organ making the decision on release on guarantee pending further investigation shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that may be imposed, and the economic status of the person released on guarantee, and other circumstances, to determine the amount of the guarantee deposit.
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The minimum fee for release on bail pending further investigation is 1,000 yuan, and the specific amount depends on the decision of the case-handling organ.
1 The amount of the guarantee deposit for the source to be released on bail pending further investigation is to be determined by the case-handling organ, and the minimum is not less than 1,000.
2 Article 83 of the Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs (Decree No. 127 of the Ministry of Public Security).
The minimum amount of the deposit for criminal suspects is 1,000 yuan. The specific amount shall be determined by comprehensively considering circumstances such as the need to ensure the normal conduct of litigation activities, the criminal suspect's danger to society, the nature and circumstances of the case, the severity of the punishment that might be given, and the criminal suspect's economic status.
3 Article 97 of the Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs (Decree No. 125 of the Ministry of Public Security).
Where the person released on guarantee pending further investigation does not violate the relevant provisions of articles 85 or 86 of these Provisions during the period of release on guarantee, nor has he committed a new intentional crime, or has any of the circumstances provided for in article 183 of these Provisions, the public security organs shall draft a written decision to return the guarantee deposit and notify the bank to return the guarantee deposit in full at the same time that the release on guarantee is lifted and the compulsory measures are modified.
1. Will I have to go to jail after being released on bail for one year?
Whether or not to go to jail or not is still to be analyzed according to the circumstances of different cases.
1 Release on bail pending further investigation is a compulsory measure provided for in China's Criminal Procedure Law, and the maximum period shall not exceed 12 months, and there is no direct correlation between release on bail pending further investigation and sentencing. Whether or not a sentence will be imposed after the expiration of the period for release on bail pending further investigation should be analyzed according to the circumstances of each case.
2 The decision to release on guarantee pending further investigation may be made by the public security organs, people's procuratorates, and people's courts. This shows that, depending on the circumstances of the case, some cases are decided to be released on bail pending trial during the investigation stage, some will be made at the stage of examination for prosecution, and some will even be made at the court trial stage. For example, in the investigation stage, if insufficient evidence is found after the expiration of the bail stage, the case may be withdrawn, and in the review and prosecution stage, it is possible not to prosecute, and in the trial stage, it is possible to withdraw the prosecution or give a suspended sentence.
Therefore, whether or not he will be sentenced after one year of release on bail depends on factors such as the facts and evidence of the crime in the case.
2. Is it difficult to release a person on bail pending trial if he is killed by a drunk driver?
It is relatively difficult to handle release on bail pending further investigation.
1 Where a controlled release, short-term detention, or supplementary punishment might be applied independently;
2. A sentence of fixed-term imprisonment or higher might be imposed, and release on guarantee pending further investigation would not cause danger to society;
3. Women who should be arrested in accordance with the law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or nursing their 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.
5. Criminal suspects or defendants who have already been arrested and detained cannot conclude the case within the legally-prescribed time limits for investigation and detention, review for prosecution, and first-instance or second-instance trials, and the adoption of release on guarantee pending further investigation is not harmful to society.
6. Criminal suspects who hold valid passports or other valid exit documents and may leave the country to evade investigation, but do not need to be arrested.
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The minimum amount of the deposit for criminal suspects is 1,000 yuan. The specific amount shall be determined by comprehensively considering circumstances such as the need for the normal conduct of the limb preservation litigation activities, the danger to society of the criminal suspect, the nature and circumstances of the case, the severity of the punishment that might be given, and the criminal suspect's economic status. For economic crimes, crimes infringing on property, or other crimes that cause property losses, the standard for the amount of guarantee deposits to be collected may be determined at 1-3 times the amount involved in the case or the amount of direct property losses; For other criminal offenses, depending on the different circumstances of the case, the standard for the amount of the guarantee deposit may be determined to be between 2,000 and 50,000 RMB.
Legal basis
Article 72 of the Criminal Procedure Law stipulates that the organ making the decision on release on guarantee pending further investigation shall determine the amount of the guarantee deposit by comprehensively considering the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that may be imposed, and the economic situation of the person released on guarantee.
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The minimum amount of the deposit for criminal suspects is 1,000 yuan. The specific amount shall be determined by comprehensively considering circumstances such as the need to ensure the normal conduct of litigation activities, the criminal suspect's danger to society, the nature and circumstances of the case, the severity of the punishment that Fan Shen might impose, and the criminal suspect's economic situation.
For economic crimes, crimes infringing on property, or other crimes that cause property losses, the standard for the amount of guarantee deposits to be collected may be determined at 1-3 times the amount involved in the case or the amount of direct property losses; For other criminal offenses, depending on the different circumstances of the case, the standard for the amount of the guarantee deposit may be determined to be between 2,000 and 50,000 RMB.
Legal basis: Article 72 of the Criminal Procedure Law of the People's Republic of China: The decision-making organ for release on guarantee pending further investigation shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the sentence that may be imposed, and the economic status of the person released on guarantee, and determine the amount of the security deposit.
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Where a guarantee deposit is used to release on guarantee pending further investigation, the minimum amount of the guarantee deposit is 1,000 RMB.
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The minimum amount of the guarantee deposit for release on guarantee pending further investigation is 1,000 yuan, and the amount of the guarantee deposit to be collected is to be determined and based on the specific circumstances of the criminal suspect or defendant's economic situation, local economic age and development level, and other circumstances.
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Legal analysis: Generally, the application for bail in criminal litigation cases is about 3,000 to 10,000 yuan, and the specific fees vary from region to region, and the fees are different according to the lawyer's influence and professionalism.
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 controlled release or short-term detention might be given, 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: When the people's courts, people's procuratorates, and public security organs decide 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.
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