I hired a lawyer for forced trading in a criminal case, and I was released on bail pending trial and

Updated on society 2024-05-25
9 answers
  1. Anonymous users2024-02-11

    I hired a lawyer for forced trading in a criminal case, and I was released on bail pending trial and finally sentenced or sent to prison?

    Answer; "Hiring a lawyer" has no absolute relationship with the judge's verdict on the crime and punishment.

    conditions for release on bail pending further investigation; 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 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 taking release on guarantee pending further investigation will not cause danger to society; (4) 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.

    If you are released on bail pending further investigation due to condition (1), you may not be sentenced to substantive punishment or sent to prison.

    A conviction or sentence of substantive sentence or non-return to prison generally refers to a suspended sentence. probation conditions; Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

    1) The circumstances of the crime are relatively minor;

    2) Expressions of remorse;

    3) There is no risk of recidivism;

    4) The probation is declared to have no significant adverse impact on the community in which the person resides.

    The crime of forced trading refers to the use of violence or threats to carry out any of the following acts, and where the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given

    1) Forced purchase and sale of commodities;

    2) Coercing others to provide or accept services;

    3) Forcing others to participate in or withdraw from bidding or auctions;

    4) Forcing others to transfer or acquire shares, bonds, or other assets of a company or enterprise;

    5) Forcing others to participate in or withdraw from specific business activities.

    To sum up, if the substantive sentence or imprisonment can not be judged, the crime of forced transaction cannot reach the level of "particularly serious circumstances".

    Take a look at the indictment to see the possibilities.

  2. Anonymous users2024-02-10

    The consequences are not serious, and the sentence can be suspended for less than three years.

    Ask your lawyer specifically, the laws are all public.

    Criminal law. Article 226: [Crime of Forced Transactions] Whoever commits any of the following acts by means of violence or threats, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given

    1) Forced purchase and sale of commodities;

    2) Coercing others to provide or accept services;

    3) Forcing others to participate in or withdraw from bidding or auctions;

    4) Forcing others to transfer or acquire shares, bonds, or other assets of a company or enterprise;

    5) Forcing others to participate in or withdraw from specific business activities.

  3. Anonymous users2024-02-09

    Those who meet the requirements for release on guarantee pending further investigation may be released on bail pending further investigation if the crime of forced transaction satisfies the requirements. According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China, if the perpetrator commits the crime of forced transaction and may be sentenced to controlled release, short-term detention or independent application of supplementary punishment, or may be sentenced to fixed-term imprisonment or higher, as well as if he is seriously ill, is pregnant or breastfeeding, and the conditions such as release on bail pending further investigation will not cause danger to society, etc., he may be released 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 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 taking release on guarantee pending further investigation will not cause danger to society;

    (4) 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 226 of the Criminal Law.

    Where violence or threats are used to carry out any of the following conduct, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given

  4. Anonymous users2024-02-08

    The crime of forced trading is punishable by bail pending trial. Release on guarantee pending further investigation is a kind of criminal compulsory measure, which refers to a compulsory measure where, in the course of criminal proceedings, a criminal suspect or defendant who meets the requirements guarantees that he or she can be summoned with the summons if he or she guarantees that he or she can be summoned with him. Release on guarantee pending further investigation is not for all criminal suspects or defendants, and release on guarantee pending further investigation can only be carried out if certain conditions are met.

    If the circumstances of the crime of forced transaction are relatively minor, the offender may be sentenced to fixed-term imprisonment of not more than three years, and the offender shall be subject to short-term detention. If the circumstances are serious, the maximum penalty shall be imprisonment of not more than seven years. In this case, if there is no danger to society in the process of obtaining bail pending further investigation, an application for release on bail pending further investigation can be made.

    Therefore, if the perpetrator commits the crime of forced transaction, he can be released on bail pending trial.

    [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 independently applied a supplementary sentence; (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 taking release on guarantee pending further investigation will not cause danger to society; (4) 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 226 of the Criminal Law of the People's Republic of China: Where violence or threats are used to carry out any of the following acts, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given: (1) forcibly buying or selling commodities; 2) Coercing others to provide or accept services; 3) Forcing others to participate in or withdraw from bidding or auctions; 4) Forcing others to transfer or acquire shares, bonds, or other assets of a company or enterprise; 5) Forcing others to participate in or withdraw from specific business activities.

  5. Anonymous users2024-02-07

    Legal analysis: If the criminal suspect meets any of the following circumstances, he may report to the police 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 babies, and are released on bail pending further investigation will not be a 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.

    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 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 taking release on guarantee pending further investigation will not cause danger to society;

    (4) 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 226 of the Criminal Law of the People's Republic of China: Where violence or threats are used to carry out any of the following acts, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given

    1) Forced purchase and sale of commodities;

    2) Coercing others to provide or accept services;

    3) Forcing others to participate in or withdraw from bidding or auctions;

    4) Forcing others to transfer or acquire shares, bonds, or other assets of a company or enterprise;

    5) Forcing others to participate in or withdraw from specific business activities.

  6. Anonymous users2024-02-06

    Legal Analysis: According to the provisions of the Criminal Procedure Law, the applicable conditions for release on bail pending further investigation are generally criminal suspects whose crimes are relatively minor and do not pose much harm to society again, and suspects who are guilty of forced transactions may apply if they meet the requirements.

    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 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 taking release on guarantee pending further investigation will not cause danger to society;

    (4) 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.

    Article 69 The guarantor must meet the following conditions:

    1) Not involved in the case;

    2) Ability to perform guarantee obligations;

    3) Enjoy political rights and have not had their personal liberty restricted;

    4) Have a fixed place of residence and income.

  7. Anonymous users2024-02-05

    Regardless of what legal provisions the party is found to have violated the law, as long as he has entrusted a lawyer to handle the matter and has determined that he has met the conditions for release on bail pending trial, he can go through the formalities of release on bail, and at this time, because he is still in the criminal penalty period, he also needs to pay a high amount of bail pending trial.

    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 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 taking release on guarantee pending further investigation will not cause danger to society; (4) 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 5 of the Supplementary Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1) Where violence or threats are used to forcibly buy or sell goods, or to compel others to provide services or accept services, and any of the following circumstances are suspected, a case shall be filed for prosecution: (1) causing slight injuries to the victim; (2) Causing direct economic losses of 2,000 RMB or more; (3) Forcing transactions three or more times or forcing three or more persons to trade; (4) The amount of the compelled transaction is 10,000 yuan or more, or the amount of unlawful gains is 2,000 yuan or more; (5) Forcing others to purchase counterfeit or shoddy goods in the amount of 5,000 RMB or more, or unlawful gains amounting to 1,000 RMB or more; (6) Other situations where the circumstances are serious. Where violence or threats are used to compel others to participate in or withdraw from bidding or auctions, to compel others to transfer or acquire shares, bonds, or other assets of companies or enterprises, or to force others to participate in or withdraw from specific business activities, and there are any of the circumstances such as multiple implementations, heinous means, serious consequences, or vile social impact, a case shall be filed for prosecution.

  8. Anonymous users2024-02-04

    According to the provisions of the Criminal Procedure Law, the conditions for the application of release on guarantee pending further investigation are generally criminal suspects whose crimes are relatively minor and do not pose a great danger to society again, and suspects who are suspected of the crime of forced trading may apply if they meet the requirements. "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:

  9. Anonymous users2024-02-03

    According to the relevant laws, forced transactions are generally possible with bail.

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