-
Anonymous users2024-02-10It generally takes about seven days for drunk driving to be released on bail pending trial, that is, if the conditions for release on bail are met, the application for release on bail pending trial can generally be issued soon, but the law does not stipulate the time limit for handling release on bail pending further investigation.
[Legal basis].Article 67 of the Criminal Procedure Law.
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 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.
-
Anonymous users2024-02-09Legal analysis: drunk driving on bail pending trial is generally sentenced in about four months; According to the provisions of the Code of Criminal Procedure: Detention:
Generally 14 days, maximum 37 days; (Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within three days of the detention.) 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.
Legal basis: "Road 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 intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, 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.
-
Anonymous users2024-02-08Criminal cases, from criminal detention to **, generally take four or five months, and can be as long as more than a year. Where a drunk driver reaches the level of drunk driving and is suspected of constituting the crime of dangerous driving, he may apply for release on bail pending further investigation. The maximum period of release on bail is 12 months.
Legal basis] Article 79 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 must not release a criminal suspect or defendant on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months.
-
Anonymous users2024-02-071. 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 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.
2. Release on guarantee pending further investigation is to be enforced by the public security organs.
3. 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.
IV. Legal basis: Criminal Procedure Law (2012 Revision) Article 77: [Period of Release on Guarantee Pending Further Investigation or Residential Surveillance and Their 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 6 months at most.
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.
-
Anonymous users2024-02-06It generally takes about seven days to get out on bail while driving while intoxicated. The law does not clearly stipulate the time limit for release on bail pending trial for drunk driving, but according to the provisions of the relevant laws, the maximum time limit for release on bail pending trial shall not exceed 12 months.
What is the difference between drunk driving and drunk driving.
1. The relevant laws of our country divide drunk driving into drunk driving and drunk driving. The two are defined according to the value of the driver's blood and breath alcohol content. When the driver's blood alcohol content is greater than or equal to 20mg per 100 ml, less than 80mg is considered drunk driving.
When the driver's blood alcohol content is greater than or equal to 80mg per 100 milliliters, it is judged to be drunk driving.
2. Drunk driving is an illegal act, while drunk driving is a crime. A person who is intoxicated commits a crime and is criminally responsible. 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 1,000 yuan and 12 demerit points.
The legal punishment for driving a commercial motor vehicle after drinking alcohol is more severe: a person who drives a commercial motor vehicle after drinking alcohol will have his motor vehicle driver's license revoked, be administratively detained for 15 days, and be fined 5,000 yuan, and shall not reapply for a motor vehicle driver's license for five years.
[Legal basis].Article 67 of the Criminal Procedure Law of the People's Republic of China.
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 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.
-
Anonymous users2024-02-051. How long is it generally for drunk driving to be released on bail pending trial.
Where drunk driving is suspected of dangerous driving, he or she may apply for release on bail pending further investigation, with a maximum period of 12 months. Upon receipt of an application for release on bail, the Judiciary shall reply within 7 days as to whether the drunk driver can be released on bail. Where a criminal suspect or defendant is released on guarantee pending further investigation, it must be reported again to the responsible person at a public security organ at the county level or above, the chief procurator, and so forth, and a "Decision on Release on Guarantee Pending Investigation" or other proof must be issued, and the guarantor shall be ordered to pay a guarantee deposit at the same time.
II. How to provide for the procedures for release on guarantee pending further investigation in criminal liability.
The specific procedures for release on bail pending further investigation in criminal cases are as follows:
1. Submit an application: Suspects and defendants in custody in the Criminal Prosecution Department, as well as their legally-designated persons and close relatives, have the right to submit an application for release on bail pending further investigation. Where a criminal suspect is arrested, the lawyer he hires may apply for release on guarantee pending further investigation.
2. The corresponding approving organ shall make a decision: After receiving an application for release on guarantee pending further investigation, the public security organs, people's procuratorates, and people's courts shall make a reply within 7 days of whether or not they agree.
3. Enforcement of release on guarantee pending further investigation: The enforcement organ for release on guarantee pending further investigation is the public security organ.
[Legal basis].
Article 91 of the Road Traffic Safety Law of the People's Republic of China 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.
Where parties apply for release on guarantee pending further investigation, the case-handling organ shall make a response within 3 days as to whether or not they agree to release on guarantee pending further investigation. >>>More
The time of laser hair removal is about 5 minutes, the cycle is 4 to 6 weeks, and in most cases, more than 5 times will have obvious results. Laser hair removal is not permanent, it only shortens the rate of its growth and reduces the thinning of the hair.
Trademark examination, or trademark examination, refers to a series of inspections, data searches, analysis and comparisons conducted by the Trademark Office on the applied trademark after the applicant submits the trademark registration application. The results of the trademark examination and analysis will determine whether the trademark applied for registration will be preliminarily approved or rejected. Therefore, understanding the requirements of trademark examination can help us to provide a successful chance of registering a trademark. >>>More
I am now in the UK and have taken IELTS twice.
If you pass level 6, it means that you have a good foundation and a good vocabulary. >>>More
Depending on the severity of the offense, some are only fined, while others are subject to detention, usually for 7 days and not more than 15 days. For those who drive a motor vehicle while intoxicated, the penalty of temporarily withholding the motor vehicle driver's license will be changed to revocation of the motor vehicle driver's license, and the motor vehicle driver's license shall not be re-obtained within 10 years.