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1. "Release on Guarantee Pending Investigation" refers to a certain amount of cash that a public security organ orders a criminal suspect to pay to ensure that he does not obstruct or evade criminal proceedings when deciding to release a criminal suspect who meets the requirements for release on guarantee pending further investigation as provided for in the Criminal Procedure Law. 2. According to the provisions of the new Criminal Procedure Law, the judicial organs will consider the criminal suspicion in criminal proceedings.
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Although the law does not clearly stipulate the time limit for the return of a guarantee deposit for release on guarantee pending further investigation, for criminal suspects or defendants who have not violated relevant administrative provisions during the period of release on guarantee, the organ that made the release on guarantee shall promptly return the guarantee deposit at the end of the release on guarantee pending further investigation on the basis of the quiet notice of release on guarantee or relevant legal documents, usually by notifying the criminal suspect or defendant or his relatives to collect the returned guarantee deposit at the bank.
Legal basis] Article 73 of the Criminal Procedure Law.
Where criminal suspects or defendants have not violated the provisions of article 71 of this Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee, they are to go to the bank to collect the returned guarantee deposit on the basis of the notice of release on guarantee pending further investigation or relevant legal documents.
Article 71.
Where a criminal suspect or defendant released on guarantee pending further investigation violates the provisions of the preceding two paragraphs by already paying a guarantee deposit, part or all of the guarantee deposit is to be confiscated, and depending on the circumstances, order the criminal suspect or defendant to make a statement of repentance, pay a new guarantee deposit, provide a guarantor, or place them under residential surveillance, or arrest them.
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There is a time limit for the return of the bond for release on bail pending further investigation. Where a criminal suspect or defendant has not violated the legally-prescribed obligations provided for in the Criminal Procedure Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee, the criminal suspect or defendant shall go to the bank to collect the returned guarantee deposit upon the notice of release on guarantee pending further investigation or relevant legal documents.
Legal basis] Article 71 of the Criminal Procedure Law.
Criminal suspects or defendants released on guarantee pending further investigation shall comply with the following provisions:
1) Must not leave the city or county of residence without the approval of the enforcement organ;
2) Where there is a change in address, work unit, or contact or department, report to the enforcement organ within 24 hours;
3) Promptly appear in the case at the time of arraignment;
4) Witnesses must not be interfered with in any form to testify;
5) Evidence must not be destroyed or fabricated, or confessions must not be colluded.
Article 73.
Where the suspect or defendant has not violated the provisions of article 71 of this Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee pending further investigation, they are to go to the bank to receive a guarantee deposit for the refund of the guarantee on the basis of the notice of release on guarantee pending further investigation or relevant legal documents.
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The decision on the return of the product is made on the decision of the **. **Made in accordance with the law, the time is a little faster. If a citizen applies for a certificate, the maximum period for the guarantee is usually seven working days.
Legal basis: Article 97 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" Where the person released on guarantee pending further investigation has not violated 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 at the same time that the release on guarantee pending further investigation is lifted and the compulsory measures are modified, and the bank shall return the guarantee deposit in full. The person released on guarantee pending further investigation or his legally-designated ** person may go to the bank to collect the returned security deposit with the written decision to return the security deposit.
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Legal analysis: The decision on the return of the bail deposit is made by **. **Made in accordance with the law, the time is a little faster. If a citizen makes an application, the maximum is generally seven working days.
Legal basis: "Provisions on the Procedures for Handling Criminal Cases by Public Security Organs in the Model Rules" Article 97: Where it is necessary to confiscate a guarantee deposit, it shall, after strict review, report to the responsible person at a public security organ at the county level or above for approval, and draft a decision to confiscate the guarantee deposit. Where a decision is made to confiscate 50,000 yuan as a guarantee deposit, it shall be subject to the approval of the responsible person of the public security organ at the level of a city divided into districts.
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Legal Analysis: The period for the refund of the bail deposit is to be refunded at the end of the bail. The parties may collect the returned security deposit at the bank with the notice of release on guarantee pending further investigation or the relevant legal training documents.
Legal basis: Article 73 of the Criminal Procedure Law of the People's Republic of China provides that if a criminal suspect or defendant does not violate the provisions of Article 70 of this Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee, he or she shall go to the bank to collect the returned security deposit with the information on the release of guarantee pending further investigation or relevant legal documents.
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Legal Analysis: When release on guarantee expires, if the criminal suspect or defendant complies with the relevant provisions during the period of release on guarantee, the security deposit may be returned. At the end of release on guarantee, criminal suspects or defendants may go to the bank to collect the deposit for refund by presenting the notice of release on guarantee pending further investigation or relevant legal documents.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 72: The organ making the decision on release on guarantee 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 might be given, and the economic status of the person released on guarantee, to determine the amount of the guarantee deposit. The person providing the guarantee deposit shall deposit the guarantee deposit into a special account at the bank designated by the enforcement organ.
Article 73: Where criminal suspects or defendants do not violate the provisions of article 71 of this Law during the period of release on guarantee pending further investigation, at the end of their release on guarantee, they are to go to the bank to receive a refunded guarantee deposit on the basis of the notice of release on guarantee pending further investigation or the lead in the relevant legal documents.
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