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Generally, only a deposit is required, and it will be returned after the expiration of the period.
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1. Release on guarantee 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.
2. The amount of the guarantee deposit for release on guarantee pending further investigation is to be determined by the case-handling organ, and the minimum is not less than 1,000.
Article 83 of the Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs (Order No. 127 of the Ministry of Public Security) The minimum amount of a criminal suspect's guarantee deposit is 1,000 yuan. The specific amount shall be determined by comprehensively considering circumstances such as the need to ensure the normal conduct of litigation activities, the criminal suspect's danger to society, the nature and circumstances of the case, the severity of the punishment that might be given, and the criminal suspect's economic status.
3. As long as there is no violation of the provisions during the period of release on bail, the deposit will be refunded in full when the compulsory measures are changed or cancelled.
Article 97 of the Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs (Order No. 125 of the Ministry of Public Security): Where a person released on guarantee pending further investigation does not violate the relevant provisions of articles 85 or 86 of these Provisions during the period of release on guarantee, nor has he committed a new intentional crime, or has any of the circumstances provided for in article 183 of these Provisions, the public security organs shall draft a written decision to return the guarantee deposit and notify the bank to return the guarantee deposit in full at the same time that the release on guarantee pending further investigation is lifted and the compulsory measures are modified.
The person released on guarantee pending further investigation or his legally-designated ** person may go to the bank to collect the returned security deposit with the written decision to return the security deposit.
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Legal analysis: Generally, the application for bail in criminal litigation cases is about 3,000 to 10,000 yuan, and the specific fees vary from region to region, and the fees are different according to the lawyer's influence and professionalism.
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 controlled release or short-term detention might be given, 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: When the people's courts, people's procuratorates, and public security organs decide to release a criminal suspect or defendant on guarantee pending further investigation, they shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.
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If the decision on release on bail pending further investigation is approved by the People's Procuratorate, the procuratorate shall decide on the amount of the guarantee deposit and request that the guarantee deposit be deposited into a special bank account designated by the People's Procuratorate.
For release on guarantee pending further investigation, the public security organs are to enforce it.
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 70: 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.
The person providing the guarantee deposit shall deposit the guarantee deposit into a special account at the bank designated by the enforcement organ.
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The procuratorate can collect a bail deposit, as for confiscating the deposit, you must have violated the relevant provisions of bail pending trial, hehe, the regulations on bail pending trial are quite harsh, and there is almost no violation, so don't think about your security deposit.
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Release on bail does not mean that "you will be fine if you release it". Criminal suspects and defendants released on bail pending further investigation must comply with a series of obligations and actively cooperate with the judicial activities of the judicial organs, otherwise they may be subject to confiscation of the security deposit and the modification of compulsory measures (such as arrest or residential surveillance). Guarantors who fail to fulfill their guarantor duties will also be fined 10000000000000000000000000000000000000000000000000000
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Legal analysis: Generally, the application for bail pending trial in criminal litigation cases is about 3,000 to 10,000 yuan, and the specific fees vary from region to region, and according to the influence and professionalism of the lawyer, the fee is also different.
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 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 that decide to release a criminal suspect on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.
Release on bail pending further investigation is a criminal coercive measure taken by public security organs, procuratorates, and courts against suspects in the course of handling a case, and has no impact on public office. Specifically, you can see the encyclopedia entry of "release on bail pending trial". >>>More
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If the two arraignments are not reached, the entire security deposit may be confiscated, the compulsory measure may be changed to detention, and the fugitive can be pursued online.
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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