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For applications for release on guarantee pending further investigation, detained criminal suspects or defendants, their legally-designated persons, and close relatives have the right to submit an application for release on guarantee pending further investigation. Where a criminal suspect is arrested, the lawyer he hires may apply for release on guarantee pending further investigation. Applications for release on guarantee pending further investigation shall be in writing.
The time for making a decision on a bail application is calculated from the date of application, and the decision-making authority shall make a decision within 7 days.
In accordance with the provisions of law, the public security organs, people's procuratorates, and people's courts shall make a reply within 7 days of receiving an application for release on guarantee pending further investigation. Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, it shall be reported to the responsible person at a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval, and a "Decision on Release on Guarantee Pending Investigation" and a "Notice of Enforcement of Release on Guarantee Pending Investigation" shall be issued, and the criminal suspect or defendant shall be ordered to provide a guarantor or pay a guarantee deposit. and where the legally-prescribed requirements for release on guarantee pending further investigation are not met, release on guarantee pending further investigation is not granted.
Where they do not agree to release on guarantee pending further investigation, they shall inform the applicant and explain the reasons for not agreeing. In addition, the judicial organs may, according to the needs of the case, decide on their own to release on bail pending further investigation.
The organ making the decision on release on guarantee shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that might be given, and the economic status of the person released on guarantee, to determine the amount of the guarantee deposit.
Finally, if the people's procuratorate does not approve the arrest, the public security organs shall immediately release them 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.
In addition, according to article 65 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.
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As long as the conditions for release on guarantee pending further investigation are met, release on guarantee pending further investigation can be processed. A reply shall be given within three days of the application for release on bail pending further investigation.
Article 65 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 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.
Article 95 of the Criminal Procedure Law: 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.
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On the day of surrender, he may not be released on bail pending trial. Because the handling of release on guarantee pending further investigation requires a process, depending on the specific circumstances of the case and the specific circumstances grasped by the judicial organs, some can be handled on the same day, while others need to be postponed later. Release on guarantee pending further investigation refers to a compulsory measure whereby the investigating organ orders 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.
Code of Criminal Procedure
Sixty-seventh early wither.
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 taking release on guarantee pending further investigation will not lead to the risk of social ruin;
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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On the day of voluntary surrender, it is generally not possible to be released on bail pending further investigation, because the handling of release on bail pending further investigation requires a process, and depending on the specific circumstances of the case and the specific circumstances grasped by the judicial organs, some can be handled on the same day, while others need to be postponed. 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 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: You can be released on bail a few days after surrendering, mainly depending on who the criminal suspect or defendant is. There is no clear provision on the specific number of days for which the conditions for release on bail are met.
The handling of compulsory measures for release on guarantee pending further investigation is primarily a corresponding decision made by the case-handling organ in accordance with law on the basis of the specific circumstances of the case and the criminal suspect's performance, and the criminal suspect or his family cannot apply for it as soon as it is handled. Legal basis: Article 65 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. Article 66: Based on the circumstances of the case, people's courts, people's procuratorates, and public security organs may issue custodial summonses, release on guarantee pending further investigation, or residential surveillance of criminal suspects or defendants.
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Not necessarily, although the criminal suspect surrenders voluntarily, although it does not affect his application for release on bail pending further investigation, if the suspect meets the requirements for release on bail pending further investigation, he may apply for release on bail pending further investigation. However, because the handling of release on guarantee pending further investigation requires a process, depending on the specific circumstances of the case and the specific circumstances grasped by the judicial organs, some may be handled on the same day, while others need to be postponed later, and release on guarantee refers to a compulsory measure whereby the investigating organ orders a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he does not evade or obstruct the investigation, and to be summoned at any time. It is usually used for criminal suspects whose crimes are relatively minor and do not require detention or arrest, but whose freedom of movement needs to be restricted to a certain extent, and as long as the requirements for release on guarantee pending further investigation are met, they may still be released on guarantee pending further investigation normally after a decision of the case-handling organ.
Article 67 of the Criminal Procedure Law of the People's Republic of China [Requirements and Enforcement for Release on Guarantee Pending Investigation] 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 they might be sentenced to controlled release, short-term detention, or independently applied 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. Release on guarantee pending further investigation is to be enforced by the public security organs.
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If you surrender yourself, you will be released on bail pending further investigation if you meet the requirements for release on bail. After surrendering, he can be released on bail pending further investigation as long as he meets the conditions. The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants with legally-prescribed circumstances on guarantee 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 person 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) 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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You may apply for release on bail pending further investigation. According to Article 68 of the interpretation of several issues in the Criminal Procedure Law of the People's Republic of China, "the detained defendant and his legal person, close relatives and lawyers have the right to apply for release on bail pending further investigation.
The application for bail pending further investigation should be in writing. The people's court shall make a reply within 7 days of receiving the written application. Where the requirements for release on guarantee pending further investigation are met, and a guarantor is submitted or a guarantee deposit is paid, the people's court shall agree and handle formalities for release on guarantee pending further investigation in accordance with law; Where the requirements for release on guarantee pending further investigation are not met and the applicant is not consented, the applicant shall be informed and the reasons for not agreeing shall be explained. ”
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Legal analysis: After surrendering, as long as the conditions are met, you can be released on bail pending trial. 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 might be given to a state punishment, 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.
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 rude 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; Songqing Town.
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.
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There are no specific regulations, and whether or not to apply for bail pending trial requires an application first, and then the investigating agency will make a decision based on the facts of the case and the attitude of the suspect. After surrendering, he can be released on bail pending further investigation as long as he meets the conditions. Article 67 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 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 taking release on guarantee pending further investigation will not cause them to be dangerous; 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.
[Legal basis].Procedural Law of the People's Republic of China on Criminal Matters and Reputations
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.
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. >>>More
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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
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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.