What will happen after drunk driving bail, and can drunk driving be released on bail

Waiting for trial, bail pending trial, as the name suggests, has not been dealt with yet. It's just a change in the enforcement measures.

Short-term detention and a concurrent fine: (2) driving a motor vehicle while intoxicated;

Code of Criminal Procedure.

Article 65: 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.

Criminal law. Article 133 Traffic Accidents; Dangerous driving] Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133-1 Driving a motor vehicle on a road falls under any of the following circumstances:He shall be sentenced to short-term detention and shall also be fined

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

Release on bail is only a criminal coercive measure and does not affect sentencing. After a criminal trial, if the effective judgment determines that the crime of dangerous driving is established, he will be sentenced to short-term detention and fined. The period of release on bail pending further investigation will not be deducted from the sentence of criminal detention.

Article 133-1 of the Criminal Law: "Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine." Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. “

Legal Analysis: Criminal suspects or defendants who drive a motor vehicle while intoxicated and meet the requirements for release on bail may be released on bail. Depending on the circumstances of their case, they may be detained or released on bail pending further investigation.

Criminal suspects or defendants who are unable to provide a guarantor or who do not pay a guarantee deposit may be placed under residential surveillance; Those who violate the provisions on release on guarantee pending further investigation or residential surveillance and the circumstances are serious, may be arrested.

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 public surveillance or short-term detention sentence might be given, or an additional sentence should 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) At the completion of the period of detention, the case has not yet been resolved, and it is necessary to take a step forward in guarantee.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Legal analysis: bail can be granted, but only the round change must meet the corresponding legal provisions.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 65: 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 Wu Yan's supplementary 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 trial will not be dangerous 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.

Legal Analysis: Bail pending trial is only a compulsory measure in the process of criminal proceedings, and does not mean that the case is over and no sentence will be imposed. Whether he will go to prison or not, the judicial authorities will have to hear the verdict after further trial.

However, according to the conditions for release on bail pending trial, those who can be released on bail pending trial are generally guilty of relatively minor crimes, and the sentence will not be too severe.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 77: 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. When 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 reporting unit shall be promptly notified.

Legal analysis: Bail is release on bail pending trial in criminal proceedings, which is a compulsory measure, and a person suspected of being released on bail pending trial needs to pay a bond or provide a guarantor to ensure the smooth progress of criminal proceedings. It is usually used for criminal suspects who have committed minor crimes that do not require detention or arrest, but require certain restrictions on their freedom of movement.

Release on bail pending trial is only a modification of the coercive measures, which is still in the process of criminal proceedings and cannot conclude the case. In case of violation of relevant laws and regulations, it is possible to arrest him. As to whether the final result requires a prison sentence, the court will make a judgment after hearing.

Bail pending trial does not mean that there will be no actual sentence and no need to go to jail in the end. However, there are conditions for release on bail pending further investigation, and only those who are generally minor and do not do much harm can be released on bail.

Therefore, in general, if you are released on bail pending trial, it is very likely that you do not need to bear criminal responsibility, that is, you do not need to be detained.

Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China: People's uproar 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 may 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 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.

Procedures for drunk driving bail pending trial: 1. Apply for bail pending trial. The party concerned submits in writing an application for release on bail pending further investigation; 2. Decide to release on bail pending trial.

After receiving an application for release on guarantee pending further investigation, the public security organ shall give a reply within 7 days of whether it agrees or does not agree; 3. Enforce release on bail pending further investigation. The public security organs enforce release on bail pending further investigation.

Article 66 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may, on the basis of the circumstances of the case, custodial summons, release on guarantee pending further investigation, or residential surveillance of criminal suspects or defendants. 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.

Legal analysis: bail is applied in criminal proceedings, and if the party has been convicted and sentenced by the people's court, bail cannot be granted. Criminal suspects or defendants in any of the following circumstances may be released on guarantee pending further investigation:

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.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Paragraph 1 Anyone who drives a motor vehicle on the road and has one of the circumstances listed in the list of subordinates shall be sentenced to short-term detention and a fine

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Criminal Procedure Law of the People's Republic of China》 Article 65: 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 illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies in the wild, and taking 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.

According to the relevant laws, drunk driving cannot be released on bail.

Legal analysisDrunk driving is the act of driving a motor vehicle in a state that results in total or partial loss of personal will due to the consumption of alcohol. Drunk driving is a driving behavior when the blood alcohol content of the driver of the vehicle is greater than or equal to 80mg and 100ml. The Penal Code provides:

A person who commits a crime while intoxicated shall bear criminal responsibility. The perpetrator clearly knew that drunk driving violated the law and that drunk driving would endanger public safety, but ignored the law and drove while drunk, especially if he continued to drive and collide after the accident, causing a major accident, indicating that the actor subjectively had a laissez-faire attitude towards the continuous occurrence of harmful results, and had the intention of endangering public safety. Anyone who causes a major accident caused by such drunk driving shall be convicted of the crime of endangering public safety by dangerous means in accordance with law.

Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life. Anyone who uses the motor vehicle registration certificate, number plate, driving license, inspection mark, or insurance mark of another vehicle shall be confiscated by the traffic management department of the public security organ, and the motor vehicle shall be detained, and a fine of not less than 2,000 yuan but not more than 5,000 yuan shall be imposed.

Legal basisRoad Traffic Safety Law of the People's Republic of China Article 91 Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked. If a person drives a motor vehicle while drunk, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years. Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.