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According to the law, after arrest, an application shall be made to the procuratorate for release on guarantee pending further investigation. From the perspective of judicial practice, it is not easy for a criminal suspect to apply for bail pending further investigation after being arrested.
Relevant provisions: Article 64 of the Criminal Procedure Law: Based on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under custodial summons, release on guarantee pending further investigation, or residential surveillance.
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.
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Hello! The questions addressed to you are as follows:
Only after arrest can a lawyer be appointed to apply for release on bail pending further investigation.
If you still have questions, you can contact me again and good luck!
Supplement: Entrust a lawyer to apply to the procuratorate and pay a deposit of more than 5,000.
No one else can do it.
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Purely for information.
1. 37 days of detention, which is the maximum period of criminal detention;
2. In the past 37 days, the public security has been collecting evidence, and its purpose is to enable the procuratorate to approve your arrest. But the end result was that the procuratorate did not approve the arrest.
At this time** if found not guilty, he will be released directly. If it is necessary to continue the investigation, the compulsory measures may be modified, such as release on guarantee pending further investigation. And you are under residential surveillance, and the person is still in the hands of **, which means that ** wants to continue to interrogate you and obtain more evidence through your confession.
As a result, you collapsed, the police got the corresponding confession, and the procuratorate immediately made a decision to approve the arrest.
3. The period of detention after arrest is 2 months, and after the expiration of the period or during the period of detention, the public security finds that the evidence is not conclusive enough or for any other reason, and it is impossible to complete the investigation within the period of detention. When the deadline is up, and detention is not allowed, what should I do? Probably can only be released on bail pending trial.
4. The period of release on bail pending further investigation is one year;
5. In a fraud case, evidence collection is the key. Determining the nature of the relevant facts is paramount. ** practice, indicating that the evidence in this case is flawed, or it is temporarily impossible to find evidence that can directly nail you, or ** still want to work the evidence.
6. It is impossible to analyze the final trend of this case purely from the perspective of release on bail pending trial. But there is a big possibility that this case will not be resolved in the end, and if the evidence is really conclusive, you would have been prosecuted! Will you be sent home? Dream on.
Of course, if you find new evidence or key evidence during the period of release on bail, you can't run away, but combined with judicial practice, this possibility is ......
As for how to try: wrongful detention or arrest is required to compensate the state, and this is your right. If a wrongful case is handled, the judicial organs must be held accountable. How do you want to use your power?
As for you want to collude or destroy evidence, I'm also a judicial person, so don't play this, have you ever heard of wanting to get caught and indulge? You should still be in the investigation stage now, and if the investigation is completed and transferred for review and prosecution, you will be notified.
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A sentence of less than one year may be released on bail pending further investigation;
2.Find specific case-handling personnel to handle it;
3.Release on bail pending further investigation may be subject to financial security or personal insurance.
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1.and may be sentenced to controlled release, short-term detention, or independently applying supplementary punishments.
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.Those who should be arrested, but suffer from serious illnesses that make them unfit for detention, such as those who are unable to take care of themselves due to illness, may be released on bail pending further investigation.
4.Those who should be arrested in accordance with law, but are pregnant or breastfeeding their own infants.
5.For the criminal suspect Yin Tsailao, who has been detained in accordance with the law, after interrogation and review, it is found that it is necessary to arrest but the evidence is insufficient.
31.Criminal suspects or defendants who have already been arrested and detained cannot conclude the case within the legally-prescribed time limits for investigation, prosecution, first-instance trial, or second-instance trial, and there is no danger to society by using the method of release on guarantee pending further investigation.
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1. Generally speaking, after an arrest is taken, it cannot be transferred to bail pending trial, unless there are special circumstances. First of all, from the perspective of legal rationale, both are measures taken against criminal offences, and the conditions for arrest to be authorized are more severe and harsh than those for release on bail. 2. 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 would 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 taking bail pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to take release on guarantee pending further investigation. 3. Release on guarantee pending further investigation shall be enforced by the public security organs.
Article 67 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 criminal suspect or defendant might be sentenced to controlled release, short-term detention, or an additional punishment 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 guarantee pending further investigation will not be a danger to society; (4) The period of detention is complete, and the case has not yet been completed, and it is necessary to take a major step in the case of 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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1. After a criminal suspect has been approved by the People's Procuratorate for arrest, he may apply for release on guarantee pending further investigation if he meets the requirements for release on bail pending further investigation.
2. The people's courts, people's procuratorates, and public security organs might give a sentence of controlled release, short-term detention, or independently apply additional punishments;
3. Criminal suspects or defendants who might be sentenced to fixed-term imprisonment or higher, and whose release on guarantee pending further investigation would not cause danger to society, may be released on guarantee pending further investigation.
4. Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China provides that the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on bail 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.
Release on guarantee pending further investigation is to be enforced by the public security organs.
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Legal Analysis: After the arrest is approved, the family cannot apply for bail pending further investigation. Release on guarantee pending further investigation refers to a compulsory measure taken by the investigating organ ordering a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he or she will not evade or obstruct the investigation, and to be available at any time.
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.
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: 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 fee.
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After the arrest is approved, release on bail pending further investigation can be processed, as long as the conditions are met.
[Legal basis].Article 67 of the Criminal Procedure 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 person might be sentenced to controlled release, short-term detention, or independently applied a supplementary sentence; 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.
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Legal analysis: After the arrest is approved, you can apply for release on bail pending further investigation, as long as the conditions are met. 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.
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.
Release on bail pending further investigation is only a coercive measure in the course of criminal proceedings, and does not mean that a sentence of imprisonment or more will not be imposed. Whether he will go to prison will be known until the judicial authorities have further trial. The maximum period of release on guarantee must not exceed 12 months. >>>More
After being released on bail pending further investigation, the person is subject to the enforcement period of the law, and cannot do illegal things during this period.
Legal analysis: bail pending trial is also called bail, when the criminal suspect is sentenced, there is no such thing as bail, but there is still the possibility of parole and commutation after being annihilated and sentenced. >>>More
Where a party is released on guarantee pending further investigation, it does not necessarily mean that the criminal case involved has been withdrawn and filed, and the party may still be held criminally responsible. >>>More
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.