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Of course, the one-sided point of release on bail pending trial is generally understood to allow the criminal suspect not to stay in the detention center during the investigation without affecting the investigation and investigation of the case, but this depends on the nature of the crime. If it is a murder or robbery, it will be difficult to be released on bail pending trial, and whether it will affect the investigation of the case......There are every reasons why the police station did not allow him to be released on bail pending trial. Remember one thing:
Laws and regulations written on paper are dead. It is the human beings who enforce the law, and they are alive. If it is not a very special, complicated, or bad case, whether or not he can be released on bail pending trial depends on who the person concerned is, and also depends on whether the person who helped him get bail will be a person.
I don't know what you mean. I can't help it if I don't understand, and it won't be harmonious to say it too clearly. Hehe.
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Release on guarantee pending further investigation is made by the county-level public security organs. The police station does not have such power. As long as the conditions for release on bail are met, it can be approved.
Article 65 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on guarantee pending further investigation under 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.
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1. The receipt of release on bail pending further investigation should be a "reply" from the police station to the decision-making organ, not the matter involved by the criminal suspect.
2. The receipt of the delivery of the notice of enforcement of release on guarantee pending further investigation is a legal document in the procedure of release on guarantee. To put it simply, the case-handling organ should inform the police station of the person's release on bail pending further investigation, and the police station of the place of residence will supervise him. The receipt is used to prove that the case-handling organ has fulfilled the proof of informing the enforcement organ (police station).
3. Where the public security organs decide to release the person on guarantee pending further investigation, they shall notify the police substation for the place of residence of the person released on guarantee in the form of a "Notice of Enforcement of Release on Guarantee Pending Further Investigation" within 24 hours. When necessary, the case-handling department may assist in enforcement. Where the place of enforcement is local, but the case-handling department and the enforcement police substation are not the same department, the case-handling department shall send the notice of release on guarantee pending further investigation and related materials to the enforcement police substation, and attach the receipt to the case file.
However, if it will affect the investigation of the case, there is a complete reason for the police station not to allow the person to be released on bail pending trial. Failure to hand it over to the local police station is a failure to enforce compulsory measures for release on bail pending further investigation, and may communicate and negotiate with the police officer handling the case at the location where the case is located.
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.
Article 69 The guarantor must meet the following conditions:
1) Not involved in the case;
2) Ability to perform guarantee obligations;
3) Enjoy political rights and have not had their personal liberty restricted;
4) Have a fixed place of residence and income.
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Legal analysis: The police station does not have the right to release on bail pending trial. Only the people's courts, people's procuratorates and public security organs have the right to release on guarantee pending further investigation.
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. They might 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 is to be enforced by the public security organs.
Legal basis: Article 67 of the Criminal Law of the People's Republic of China: 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 would not cause danger to society;
3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, 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.
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The stipulation on whether a traffic accident police station can release a person on bail pending further investigation is that the public security organ may handle a release on bail pending further investigation. Release on bail pending further investigation is a kind of criminal compulsory measure stipulated in the Criminal Procedure Law of the People's Republic of China. It refers to a compulsory measure taken in criminal proceedings by the public security organs, the people's procuratorates, and the people's courts to order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and to issue a guarantee to ensure that they will be available at all times, and that they will not be detained or temporarily released from detention.
It is to be enforced by the public security organs. Objectively speaking, after a criminal suspect is detained, the most important behavior that should be considered and most worthy of time and energy is release on bail pending trial.
Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs
Article 91.
Where the public security organs decide to release on guarantee pending further investigation, it is to be enforced by the police substation for the place of residence of the person released on guarantee. When necessary, the case-handling department may assist in enforcement.
Where the people's courts or people's procuratorates decide to release on guarantee pending further investigation, the county-level public security organs are to designate the police substation for the place of residence of the person released on guarantee to verify the situation within 24 hours of receiving the legal documents and relevant materials.
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Legal analysis: Where a guarantor guarantee is adopted, materials such as relevant legal documents, the basic information of the person released on guarantee, and the basic information of the guarantor shall be sent at the same time. Where the form of a guarantee deposit is employed, materials such as the relevant legal documents, the basic information of the person released on guarantee, and the payment of the guarantee deposit shall be sent at the same time.
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 a serious illness or are unable to take care of themselves, or who are pregnant or breastfeeding their own infants, and who 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 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 pay a guarantee deposit.
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The police station does not have the right to release on bail pending further investigation. Only the people's courts, people's procuratorates and public security organs have the right to release on guarantee pending further investigation. 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 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 end of the period of detention, the case has not yet been resolved, and it is necessary to take release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs. Legal basis:
Article 67 of the Criminal Law of the People's Republic of China: 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 criminal suspect or defendant might be sentenced to controlled release, short-term detention, or an additional sentence may 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 bail pending trial 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. The public security organs are to enforce the release on bail pending further investigation.
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Legal analysis: The police station does not have the right to release on bail pending trial. Only the people's courts, people's procuratorates and public security organs have the right to release on guarantee pending further investigation.
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. They might 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 is to be enforced by the public security organs.
Legal basis: Article 67 of the Criminal Law of the People's Republic of China: 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 would not cause danger to society;
3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, 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.
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During the investigation period, the public security organs may apply for release on guarantee pending further investigation, and may approve release on guarantee pending further investigation as long as the conditions are met.
1. Can the public security police station apply for release on bail pending further investigation?
During the investigation period, the public security organs may apply for release on guarantee pending further investigation, and may approve release on guarantee pending further investigation as long as the conditions are met.
Release on bail pending further investigation is a kind of criminal compulsory measure stipulated in the Criminal Procedure Law of the People's Republic of China. refers to a compulsory measure in criminal proceedings in which public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be available with the summons, and that they will not be detained or temporarily released from detention.
Article 67 of the Criminal Procedure Law: Conditions and Enforcement of Release on Guarantee Pending Trial.
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) It may be read that this can lead to a sentence of fixed-term imprisonment or higher, and the adoption of 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.
II. The process of release on bail pending further investigation
1. Application for release on bail pending further investigation. Criminal suspects or defendants in custody, as well as their legally-designated persons and close relatives, have the right to submit an application for release on guarantee pending further investigation. Where a criminal suspect is arrested, the lawyer he hires may apply for release on guarantee pending further investigation.
Applications for release on guarantee pending further investigation shall be in writing.
2. The decision to release on bail pending further investigation. After the public security organs, people's procuratorates, and people's courts receive an application for release on guarantee pending further investigation, they shall give 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 for 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.
For those who do not meet the legally-prescribed requirements for release on guarantee pending further investigation, they are to not agree to release on guarantee pending further investigation, and inform the applicant and explain the reasons for not agreeing. In addition, the judicial organs may, on their own, decide to release on bail pending further investigation according to the needs of the case.
3. Enforcement of release on bail pending further investigation. The public security organs are to enforce it, read out the "Decision on Release on Guarantee Pending Investigation", and have them sign or affix a seal, informing them of the provisions that should be observed during the period of release on guarantee. After the period for release on guarantee pending further investigation is completed, 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.
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