-
A letter of understanding is not required.
It is sufficient to apply directly to the case-handling department for release on guarantee pending further investigation, and reply within three days. He shall be sentenced to short-term detention and shall also be fined.
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.
Article 95: Criminal suspects or defendants and their legally-designated persons, close relatives, or defenders have the right to apply for modification of compulsory measures. After the people's courts, people's procuratorates, and public security organs receive an application, they shall make a decision within 3 days; Where they do not agree to modify the compulsory measures, they shall inform the applicant and explain the reasons for not agreeing.
Criminal law. Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:
1) Chasing and racing, where the circumstances are heinous;
2) Driving a motor vehicle while intoxicated;
-
Specifically, the criminal lawyer needs to understand the facts of the case and whether he can apply for bail pending trial.
-
Legal analysis: As long as the conditions for release on bail are met, they can be released on bail pending trial. The specific conditions for release on bail pending further investigation are as follows:
1) Where a person might be sentenced to controlled release or short-term detention, the latter of which is to be independently used as a supplementary punishment. (2) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there will be no harm to society; (3) A woman who should be arrested if the criminal suspect suffers from a serious illness and the latter is pregnant or nursing a baby under the age of one; (4) For a criminal suspect in custody, the evidence does not meet the requirements for arrest and needs to be reconsidered or reviewed; (5) After an arrest is submitted, the people's procuratorate does not approve the arrest and needs to be reconsidered or reviewed; (6) Cases in which the criminal suspect is detained cannot be completed within the legally-prescribed time limit, and it is necessary to continue the investigation.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 288:In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle:
1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;
2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.
Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.
Article 289:Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the parties and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.
Article 290:In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.
-
There is no such provision, as long as the conditions for release on bail are met, they can be released on bail pending further investigation.
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 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 Analysis: There is no such provision, as long as the conditions for release on bail pending trial are met, they can be released on bail pending further investigation. Release on bail generally refers to bail.
Bail is the abbreviation of bail release and bail release. The release of criminal defendants who are in judicial custody is granted as a guarantee for them.
Legal basis: Article 65 of the Criminal Procedure Law clearly stipulates that 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 person might be sentenced to controlled release, short-term detention, or an additional sentence that may be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation or residential surveillance will not cause danger to society.
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. In China, it refers to compulsory measures taken by people's courts, people's procuratorates, or public security organs ordering certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits to ensure that they will be available at all times. It is to be enforced by the public security organs. >>>More
According to the relevant provisions of the Criminal Procedure Law, the conditions for release on bail pending further investigation: 1and may be sentenced to controlled release, short-term detention, or independently applying supplementary punishments. >>>More
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
Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. A system in which a specific investigation body conducts an examination of a convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the convict's performance during the probationary period. Release on guarantee pending further investigation refers to compulsory measures taken by a people's court, people's procuratorate, or public security organ in a criminal proceeding to order a criminal suspect or criminal defendant to provide a guarantor or pay a guarantee deposit to ensure that he is always available. >>>More
In judicial practice, if the criminal suspect has a good attitude in admitting guilt after intentionally causing serious injury, compensates the victim's losses, and obtains the forgiveness of the victim or the victim's close relatives, the three departments of the public security, procuratorate, and law may release the criminal suspect on guarantee pending trial if the criminal suspect applies or another person applies on his behalf. 1. According to the provisions of China's current laws, in any of the following circumstances, the judicial department "may" or "shall" apply release on guarantee pending further investigation to a criminal suspect or defendant. (1) Where a sentence of controlled release, short-term detention, or an additional sentence 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 should be arrested in accordance with law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or breastfeeding their own babies; (4) Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient. >>>More