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If the two arraignments are not reached, the entire security deposit may be confiscated, the compulsory measure may be changed to detention, and the fugitive can be pursued online.
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1. Will the bail pending trial be over?
1. Release on bail pending trial will not be over. The maximum period of release on bail pending further investigation is 12 months, after which it shall be deemed to be automatically released. If during this period, no notice of trial has been received, it cannot be ruled out that the procuratorate or public security organ has withdrawn the case in accordance with the law.
If the case is not withdrawn without receiving the ** notice, the compulsory measures need to be changed.
2. Legal basis: Article 79 of the Criminal Procedure Law of the People's Republic of China.
The period for release on guarantee pending further investigation or residential surveillance and its release] The 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 a maximum of 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.
2. What is the process for release on bail pending further investigation?
The process of release on bail pending further investigation is as follows:
1. Application for release on bail pending further investigation. Detained criminal suspects and defendants, their legally-designated persons, close relatives, and lawyers hired by criminal suspects, submit an application for removal of Zheng Bao pending trial;
2. The decision to bail pending trial. After receiving an application for release on guarantee pending further investigation, the people's court shall make a concurrent reply within 7 days;
3. Enforcement of release on bail pending further investigation. The enforcement organ for release on guarantee pending further investigation is the public security organ, and when enforcing it, it shall read the "Decision on Release on Guarantee Pending Further Investigation" to the criminal suspect or defendant, and have them sign or affix a seal, informing them of the provisions they shall comply with during the period of release on guarantee;
4. The applicant pays a deposit or provides a guarantor;
5. Release on guarantee pending further investigation must not exceed 12 months. During the period of release on guarantee pending further investigation, the investigation, prosecution, and trial of the case must not be interrupted.
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If one of the large amount of money in the fraud case is released on bail pending trial after three days of criminal detention, does it mean that the other party is not the source card owner and is fine?
Bail pending trial = okay??? Friendly spine leakage.
This is a completely wrong understanding, release on bail does not mean that it is okay, first of all, let's talk about what bail is pending trial.
Release on bail pending further investigation is the same as criminal detention in that it is a criminal coercive measure, with the difference that criminal detention is a custodial criminal coercive measure, while release on bail pending further investigation is non-custodial. In order to conserve judicial resources and protect human rights, according to article 67 of the Criminal Procedure Law, in any of the following circumstances, a person may be granted bail pending trial
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.
It can also be clearly reflected from the above provisions.
Released on bail pending trial ≠ acquitted.
A wild tenant who is released on bail pending trial does not mean that he is innocent, on the contrary, he is released on bail because the suspect is suspected of committing a crime, which means that the criminal judicial process is ongoing. During the period of release on bail, the procedure of the case proceeds normally.
Bail pending trial = complete freedom of movement?
No! Release on bail does not mean complete freedom, and during the period of release on bail, it is necessary to ensure that you are always present, and in practice you are not allowed to leave the area (county) where you live, and if you want to go out, you must apply.
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Legal Analysis: The consequence of not reporting for release on bail pending further investigation is that if the criminal suspect or defendant is ordered to make a statement of repentance, pay a new guarantee deposit, provide a guarantor, or place him under residential surveillance, or arrest him, if he or she has already paid a security deposit, he or she will be confiscated or arrested. Where it is necessary to arrest the criminal suspect or defendant, the criminal suspect or defendant may be detained in advance.
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 illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, 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.
Release on bail 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 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". >>>More
If not prosecuted, the case should be closed.
The public security organs should not release them on guarantee pending further investigation. >>>More
Hello, you can entrust a lawyer**, prepare materials from the conditions of release on bail pending trial, it is more likely, it is not difficult to solve the problem of entrustment procedures, you can fax and other solutions, you can ** inform the lawyer of the specific circumstances of the case and follow the lawyer's opinion to apply, generally within 3 days of reply.
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
Being released on bail means that you have violated the law, and the result of bail is a very long time, the police will call you to inquire about the situation several times within 1 year, of course, everyone's situation is different, and then the police will sue you to the court, and the court will give you a recommended sentencing letter for you to sign, and there will be your sentencing results on it, and the general judge will make such a decision. >>>More