Can a suspect who dies as a result of a work related injury apply for bail pending trial, and how mu

Updated on society 2024-06-22
8 answers
  1. Anonymous users2024-02-12

    As long as the conditions for release on guarantee pending further investigation are met, an application for release on guarantee pending further investigation can be applied, and the guarantee deposit shall be determined according to the circumstances of the case, generally 2,000 yuan - 20,000 yuan.

    Release on bail 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.

    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 70 of the Criminal Procedure Law: 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 may be given, and the economic status of the person released on guarantee, and other circumstances, to determine the amount of the guarantee deposit.

  2. Anonymous users2024-02-11

    The inheritance is the property that the decedent can obtain before his death, and the death compensation is a kind of compensation with spiritual comfort for the tortfeasor's close relatives after the death of the victim, and the subject of its rights is the close relatives of the deceased.

    Therefore, the death benefit should be the property of the deceased's next of kin and should not be taken as your father's estate. The creditor's claim that the death benefit be paid off as a debt incurred by your father during his lifetime is untenable.

  3. Anonymous users2024-02-10

    Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

    1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

    2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

    3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

    4) Suffering from occupational diseases;

    5) Injured or unaccounted for in an accident while away for work;

    6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

    7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

  4. Anonymous users2024-02-09

    These are two legal relationships, one regulated by the criminal law system and the other regulated by the labor and social security law system. If the conditions for work-related injury recognition are met, it does not affect the work-related injury determination and the enjoyment of work-related injury benefits.

    Bail pending trial is still pending conviction and there are work-related injuries even if inmates (including prison inmates) die on the job (the Ministry of Justice has issued a document on this).

  5. Anonymous users2024-02-08

    It should be regarded as a work-related injury. And the employer should give some financial compensation to the deceased.

  6. Anonymous users2024-02-07

    Counting work-related injuries, bail is only a compulsory measure.

  7. Anonymous users2024-02-06

    Release on guarantee pending further investigation is applicable to: 1. Those who may be sentenced to controlled release, short-term detention, or independently apply supplementary punishments; 2. Where it is possible to be sentenced to fixed-term imprisonment or higher, there is no danger of being released on guarantee pending further investigation. This may be applied in the case of the provision of a security deposit or the provision of a guarantor.

    Because this case caused death by injury, the harm to society is relatively large, and release on bail pending trial generally cannot be applied.

  8. Anonymous users2024-02-05

    It is possible to apply for release on bail, but it is not always granted. Article 51 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 or residential surveillance in any of the following circumstances: (1) Where a criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation or residential surveillance will not cause danger to society.

    Therefore, bail may be filed; According to what you said, you are a foreigner, and you have caused a traffic accident in Jiading, Shanghai, and no agreement has been reached on civil compensation, so it is difficult to determine whether you can guarantee that you will be summoned after you are released on bail pending trial, so it is not necessarily that Brother Wu will be able to obtain permission. Even if it is granted, there will be the procuratorate and the courts. Since the case has reached the public security organs, it will soon be transferred to the procuratorate for prosecution, and the court is fair and swift in handling the case, since it is impossible to reach a compensation agreement, it is recommended that you submit bail pending trial to the public security organs, the procuratorate, and the court at all stages of the case to see if it can be approved, and on the other hand, focus on the court, try to reach a mediation agreement under the court's mediation in accordance with the law, and strive to obtain a suspended sentence, which is more direct and simple.

    In addition, as an aside, no amount of money can be exchanged for a life of ants, try to compensate within the scope of what you can afford, reach a compensation agreement, and obtain the understanding of the victim's family!

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