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Release on guarantee pending further investigation is subject to article 94 of the Criminal Procedure Law.
Basis. Article 94 of the Criminal Procedure Law: If the people's courts, people's procuratorates, and public security organs discover that compulsory measures were taken against criminal suspects or defendants improperly, they shall promptly revoke or modify them.
Supplement. Release on bail pending further investigation is a criminal compulsory measure provided for in the Criminal Procedure Law of the People's Republic of China. refers to a compulsory measure in criminal proceedings in which public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be available with the summons, and that they will not be detained or temporarily released from detention.
It is to be enforced by the public security organs.
The expressions for the revocation or modification of release on guarantee pending further investigation and the reasons for them are mainly as follows:
1. Those who should not be investigated for criminal responsibility. 2. The period for release on guarantee pending further investigation has expired. 3. Where it is found that the decision to release on guarantee pending further investigation is improper.
4. The arrested defendant suffers from a serious illness and is unable to take care of himself, and his release on bail pending trial will not cause danger to society. 5. The case of a defendant who has been arrested cannot be concluded within the time limit prescribed by law. 6 A woman who has been arrested if the defendant is pregnant or breastfeeding her own baby will not be a danger to society if she is released on bail pending trial.
7 For defendants who have already been arrested, the first-instance trial court has sentenced them to controlled release or a suspended sentence, or to apply a supplementary sentence separately, and the judgment has not yet taken legal effect; 8 For defendants who have already been arrested, the period of detention of the defendant during trial by the second-instance trial court has already reached the time limit of the sentence imposed on them by the first-instance trial court; 9 For defendants who have been arrested, the time limit prescribed by law has expired in cases that have not yet been concluded due to judicial evaluation. 10. The criminal suspect or defendant is deceased. Criminal suspects or defendants are the guarantors or the targets of the guarantee for release on guarantee pending further investigation, and since the targets of the guarantee no longer exist, the premise and significance of the release on guarantee pending further investigation has been lost, and of course it should be revoked.
11. The guarantor is dead, seriously injured, or otherwise loses the ability to guarantee. If there is no or loss of the ability to guarantee, the performance of the guarantee obligation becomes practically impossible, and the release on guarantee should be changed accordingly. 12 After the public security organ submits a request for arrest, the procuratorate does not approve the arrest.
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If the public security organ decides to modify the compulsory measures and release them at their own discretion, then Article 84 applies; If the procuratorate releases the person without arrest, article 89 applies. For details, see the Code of Criminal Procedure
Article 84: Public security organs shall interrogate detained persons within 24 hours of detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must be issued.
Article 89: Where public security organs find that it is necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of taking him into custody. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
If you are satisfied, thank you!
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Legal Analysis: Controlled release, short-term detention, or independent application of the sentence of additional liquid laughter may be given.
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 bury potatoes for release on guarantee pending further investigation of criminal suspects or defendants 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 deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to submit a guarantee to include witnesses or pay a guarantee deposit.
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Summary. Hello, happy to answer your <>
The provisions of the first paragraph of Article 67 of release on bail pending further investigation are as follows:1where 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 babies, and are released on bail pending further investigation will not be a danger to society;
The provisions of paragraph 1 of Article 67 of release on bail pending further investigation.
Hello, happy to answer your <>
The provisions of the first paragraph of Article 67 of the blind and bail pending further investigation are as follows:1where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; 2.
It might be possible to sentence a sentence of imprisonment or higher for the hail period, and release on bail 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 babies, and are released on bail pending further investigation will not be a danger to society;
Article 67 of the Criminal Procedure Law on <> is the condition for release on bail pending further investigation. 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. They might 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 bail pending trial will not cause danger 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.
Release on guarantee pending further investigation is to be enforced by the public security organs. Legal Basis: Article 6 of the Criminal Procedure Law: Article 17: 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 sentence may be applied independently; (2) A sentence of short-range 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 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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There are four conditions for release on guarantee pending further investigation as stipulated in the Criminal Procedure Law, and after these four conditions are met, the people's courts, people's procuratorates, and public security organs may release the relevant criminal suspects or defendants on bail pending further investigation: 1) Those who 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.
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 taking release on guarantee pending further investigation will not lead to the risk of social ruin; (4) The period of detention is complete, and the case has not yet been handled and is prematurely concluded, 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.
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Release on bail pending further investigation refers to the criminal compulsory measures taken by the public security organs, people's procuratorates, people's courts, and other judicial organs in criminal proceedings against criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest, in order to prevent them from evading investigation, prosecution, and trial, and to issue a letter of guarantee to ensure that they will be present at all times, and that they will not be detained or temporarily released from detention. Article 65 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on guarantee pending further investigation in any of the following circumstances: 1) where a criminal suspect or defendant may 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 cause a danger to the 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 and residential surveillance shall be enforced by the public security organs. As a criminal coercive measure, the main purpose of release on guarantee pending further investigation is not to punish, but to prevent criminal suspects or defendants from evading investigation, prosecution, and trial, and ultimately to ensure the smooth progress of the investigation, prosecution, and trial process. The period of imprisonment is directed against offenders who have already been sentenced.
The types of penalties include: controlled release, criminal detention, fixed-term imprisonment, and life imprisonment. Only the period during which the convict has been sentenced to a criminal sentence serving a sentence in a detention center, prison, etc., can be considered to be serving a sentence, and release on bail pending trial is not a type of punishment and therefore is not counted as the period of serving a sentence.
The period of prior detention before the sentence is imposed is counted as the period of serving the sentence. Therefore, after being released on bail pending trial, the period of release on bail is not counted as the period of serving the sentence, but the period of pre-trial detention is counted as the period of serving the sentence.
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Summary. Hello, it's about the application of bail bonds. "Release on guarantee pending further 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 him on guarantee pending further investigation when he or she meets the requirements for release on guarantee as provided for in the Criminal Procedure Law.
Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China provides: 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 controlled release, short-term detention, or 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 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.
Hello, it's about the application of bail bonds. "Release on guarantee pending further 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 him on guarantee pending further investigation when he or she meets the requirements for release on guarantee as provided for in the Criminal Procedure Law. Legal basis:
Article 67 of the Criminal Procedure Law of the People's Republic of China provides: 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 person might be sentenced to controlled release, short-term detention, or independently applied a supplementary sentence, (2) where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending trial 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 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 for Zu Min to take a release on guarantee pending further investigation.
Do you have any specific questions about release on bail?
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Summary. The first paragraph of Article 67 of release on guarantee pending further investigation stipulates that a person may be sentenced to controlled release, short-term detention, or an additional punishment that is independently applied.
There is currently no clear document describing this article. However, in current judicial practice, this article is generally judged in conjunction with the second paragraph, which states that "no harm to society will occur".
The first paragraph of Article 67 of the year of release on bail is as follows: A person who may be sentenced to controlled release, short-term detention, or repentance shall be independently subject to an additional punishment. There is currently no clear document describing this article.
However, in current judicial practice, this article is generally judged in conjunction with the second paragraph, which states that "no harm to society will occur".
Legal basis: 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 person might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; 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; Liang instructed (3) Women who suffer from serious illness, 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.
From the actual point of view of Zao Chun, it is easier for an economic crime to be released on bail pending trial if the circumstances are not very serious. What exactly do you want to know?
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