-
If your friend is suspected of the crime of obstructing official duties, according to Article 277 of the Criminal Law, "whoever obstructs the functionaries of state organs from carrying out their duties in accordance with the law by means of violence or threats shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine." "Being released on bail pending trial means that the judicial authorities still have to hold your friend criminally responsible in accordance with the provisions of the criminal law. This is because release on guarantee pending further investigation refers to a criminal compulsory measure taken by the people's courts, people's procuratorates, and public security organs to order criminal suspects or defendants who have not been arrested or have not been subjected to other compulsory measures to prevent them from evading investigation, prosecution, and trial, and have the guarantor issue a letter of guarantee to ensure that they are always on the line.
That is, they will not be detained for the time being during the investigation stage of the case, and criminal punishment will be imposed after the prosecution and judgment are made.
-
Why is this situation so many now? What about two more cases like this? You can't say that it's also from Beijing.
In this kind of case, the circumstances are generally not too serious, but the nature is serious, especially if the police are beaten. Not to be underestimated. It is recommended to appoint a professional criminal defense lawyer to intervene as soon as possible to provide legal assistance and defense.
If you don't understand something, you can contact me further. The red name below has my connection**. Good luck.
-
Legal Analysis: No, 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 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.
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) Jing Qin can be sentenced to controlled release, short-term detention, or independently applying an additional punishment;
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 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.
-
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) They might be sentenced to controlled release, short-term detention, or independently applied supplementary punishments. (2) May be sentenced to fixed-term imprisonment.
Punishment 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 danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to take a hail to release on guarantee pending further investigation.
Legal Reference: Criminal Law of the People's Republic of China Article 277:Whoever obstructs the lawful performance of duties by the staff of state organs by means of violence or threats shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.
-
Depending on the situation, if the conditions for the tour are met, you can be released on bail pending trial. 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 in any of the following circumstances: (1) where a criminal suspect or defendant may 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 Chi Xiao's 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) 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.
-
OK. Criminal suspects may apply for release on bail pending further investigation on their own, as long as they imitate meeting the requirements for release on bail pending further investigation. Persons who should be arrested may be released on bail if they are found to have a serious illness, or if they are pregnant, breastfeeding their own children, or if they have committed less serious crimes.
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 taking release on guarantee pending further investigation will not cause danger to society;
4) Where the period of detention is complete, and the case has not yet been completed, and it is necessary to take a step forward in guarantee.
Release on guarantee pending further investigation is to be enforced by the public security organs.
-
Legal Analysis: Case-by-case analysis. Whether or not a person who commits the crime of obstructing public affairs can be released on guarantee pending further investigation is to be decided by the case-handling organ on the basis of the specific circumstances of the case, and as long as the conditions for violating the key are met, they may be released on guarantee pending further investigation.
Legal basis: Article 67 of the draft 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 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 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.
The crime of obstruction of official duties can also be called the crime of "obstruction of the execution of official duties". It refers to the use of violence or threats to obstruct state officials from carrying out their official duties in accordance with the law. And its main features are: >>>More
It shouldn't be a big deal, and a bite is not a big problem. Of course, if you bite off your thumb and cause a serious injury, then the problem is serious. >>>More
Don't put too much pressure on yourself, you are still young, there are still many things for you to experience, you have to look forward instead of looking back, and you don't look at others when you look at yourself. You have to make yourself brave, the first step is to be brave and forget the past, no matter how others are, she is also a supporting role in your life, let it pass in the past, no one's past is perfect, as long as you go in a good direction, think about it now, will you be bullied by her when you meet her? If you can "no", then the past has only helped you grow, and no one will never dare to get up again because they have fallen. >>>More
Hello, Xiaobi is revising the answer, don't be in a hurry. >>>More
You're a responsible person, and she's not in love with the wrong person. >>>More