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Anonymous users2024-02-10The maximum period for a drunk driver to be released on guarantee pending further investigation must not exceed 12 months, and where the period for release on guarantee pending further investigation is complete, the release on guarantee pending further investigation shall be promptly lifted. For women who might be sentenced to controlled release, short-term detention, or independently applied supplementary punishments, who suffer from serious illnesses, are unable to take care of themselves, or who are pregnant or breastfeeding their own infants, the criminal suspect or defendant may be released on guarantee pending further investigation without other conditions such as the danger to society.
Legal basisArticle 79 of the Criminal Procedure Law.
People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months.
During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted. Where release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.
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Anonymous users2024-02-09Legal analysis: drunk driving on bail pending trial is generally sentenced in about four months; According to the provisions of the Code of Criminal Procedure: Detention:
Generally 14 days, maximum 37 days; (Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within three days of the detention.) Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately 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.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 91 Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years. Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years. Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.
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Anonymous users2024-02-08The 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 an additional 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. 2. Release on guarantee pending further investigation is to be enforced by the public security organs.
3. The people's courts, people's procuratorates, and public friends and Qing'an organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months
Legal basis] Criminal Procedure Law (2012 Revision) Article 77 [Period of Suspended Guarantee Pending Trial and Residential Surveillance and Its Release] The people's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months at most.
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Anonymous users2024-02-07Legal analysis: Criminal cases, from criminal detention to **, generally take four or five months, and can be as long as more than a year. Where a drunk driver reaches the level of drunk driving and is suspected of constituting the crime of dangerous driving, he may apply for release on bail pending further investigation. The maximum period of release on bail is 12 months.
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 the use of a sentence of bail 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, the case has not yet been completed, and it is necessary to accept a grant for 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 deciding 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 for basic reform.
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.
Will you still be detained if you are drunk driving on bail pending trial?
Hello, you can entrust a lawyer**, prepare materials from the conditions of release on bail pending trial, it is more likely, it is not difficult to solve the problem of entrustment procedures, you can fax and other solutions, you can ** inform the lawyer of the specific circumstances of the case and follow the lawyer's opinion to apply, generally within 3 days of reply.
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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Generally, only a deposit is required, and it will be returned after the expiration of the period.