Does release on bail affect public office? The impact of release on bail on civil servants

Release on bail pending further investigation is a criminal coercive measure taken by public security organs, procuratorates, and courts against suspects in the course of handling a case, and has no impact on public office. Specifically, you can see the encyclopedia entry of "release on bail pending trial".

When a public office is removed from office because of a criminal verdict, it is necessary to wait until the court finds guilty of guilt.

If you want to keep your public office, don't think about release on bail pending trial, it is best to fight for the procuratorate not to prosecute if there is a doubt at the procuratorate stage, there may be a glimmer of hope.

Public employees released on bail pending further investigation have an impact on public office.

Civil servants are subject to compulsory measures and administrative and criminal penalties.

1) During the period when a civil servant is released on bail pending further investigation, placed under residential surveillance, under criminal detention, or arrested, his salary and benefits shall be suspended, and living expenses shall be calculated at 75% of his or her original basic salary, and the number of years of service shall not be counted. Where, upon review and verification, the public security organ withdraws the case or the people's procuratorate does not prosecute, or the people's court declares them not guilty or exempts them from criminal punishment, and they have not been taken into custody and education, compulsory isolation for drug rehabilitation, re-education through labor, or administrative detention, and have not been punished, their wages and benefits shall be restored, and the reduced wages shall be repaid, and the number of years of service shall be calculated during the period during which compulsory measures have been taken.

2) Where a civil servant is a fugitive from criminal detention or has been approved for arrest and is at large, the payment of wages and benefits shall be suspended.

3) Where civil servants are not dismissed during the period of custody and education, compulsory isolation for drug rehabilitation, re-education through labor, or administrative detention, their salaries and benefits shall be suspended, and living expenses shall be calculated at 75% of their original basic salary, and the number of years of service shall not be calculated. After the expiration of the period, the salary and benefits shall be determined accordingly according to the punishment received.

4) Where civil servants receive criminal punishments, and the organ making the sanction decision has not yet made a decision to dismiss them, the original salary and benefits are to be cancelled from the date on which the people's court's judgment takes effect.

5) Where civil servants receive criminal punishments, are acquitted or exempted from criminal punishment after retrial, and the original dismissal decision is revoked and no longer sanctioned is given, wages and benefits are to be restored from the month following the change in the sanction. During the period of the original judgment and the period between the completion of the enforcement of the criminal punishment and the revocation of the dismissal decision, the suspended wages are to be paid by the unit. Before reaching the retirement age provided for by the state, the length of service is to be calculated for the period of the original sentence and the period between the completion of the enforcement of the criminal punishment and the revocation of the dismissal decision.

6) Where civil servants receive criminal punishments, are acquitted or exempted from criminal punishment after retrial, and the original dismissal decision is modified, salaries and benefits are to be determined accordingly on the basis of the changed sanctions, and are to be implemented from the month following the change in the sanctions. During the period of the original judgment and the period between the completion of the enforcement of the criminal punishment and the modification of the dismissal decision, the overpaid wages are to be paid by the unit. Before reaching the retirement age provided by the state, the length of service is to be calculated for the period of the original sentence and the period between the completion of the enforcement of the criminal punishment and the modification of the dismissal decision.

Legal Analysis: No Impact. Applicants for civil servant examinations shall meet the following qualifications:

Have the nationality of the People's Republic of China; Be over 18 years old and under 35 years old; uphold the Constitution of the People's Republic of China; Have a good character; Have the physical condition to perform their duties normally; Have the ability to work in line with the requirements of the position; Have a college degree or above; The qualifications required for the proposed position as prescribed by the competent department for civil servants at or above the provincial level.

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

Legal analysis: bail pending trial will affect work, because according to the regulations, after bail, the judicial organ needs to be on call when it needs to be summoned, and it is necessary to apply for a report when leaving the place of residence.

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) The period of detention is complete, the case has not yet been completed, and it is necessary or God to take the initiative to 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.

Release on bail will affect work, because according to the regulations, after bail, the judicial organ needs to be on call when it needs to be summoned, and it is necessary to apply for a report when leaving the place of residence.

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 babies, and their release on guarantee pending further investigation will not cause 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.

Yes A person cannot be dismissed from public office after being released on bail pending further investigation, because release on bail is only a coercive measure against a suspect, and the law clearly stipulates that no one can be convicted without a court verdict. Therefore, in the absence of a verdict, guilt is still a question mark, and a decision can only be made after the court decides whether or not guilty.

After a criminal suspect is subjected to compulsory measures, the criminal suspect's close relatives and lawyers may apply to the case-handling organ for release on bail pending further investigation.

Conditions for release on bail pending further investigation:

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 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.

1. Under what circumstances can I be dismissed from public office?

According to Article 83 of the Civil Servants Law of the People's Republic of China, civil servants shall be dismissed under any of the following circumstances:

1) In the annual evaluation, it is determined that the person has not been incompetent for two consecutive years;

2) Those who are not qualified for their current job and do not accept other arrangements;

3) Where the organ to which they belong needs to adjust the work due to the adjustment, abolition, merger, or reduction of the staff, and they refuse to make reasonable arrangements;

4) Failure to perform civil servant obligations, failure to abide by civil servant discipline, no change after education, unsuitability to continue working in an organ, and inappropriate to give a sanction of dismissal;

5) Absenteeism from work, going out on business, or failing to return after the expiration of leave without a legitimate reason for more than 15 consecutive days, or a total of more than 30 days in a year.

Civil Servants Law of the People's Republic of China

Article 62: Sanctions are divided into: warnings, demerits, major demerits, demotion, removal, and expulsion.

Article 63: Sanctions for civil servants shall be based on clear facts, conclusive evidence, accurate characterization, proper handling, lawful procedures, and complete formalities.

Where civil servants violate discipline or law, the organ making the sanction decision shall decide to conduct an investigation into the civil servant's violation of discipline or law, and inform the civil servant of the facts identified in the investigation and the basis for the proposed sanction. Civil servants have the right to make statements and defenses; The organ making the sanction decision must not increase the sanction because of the civil servant's defense.