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According to the relevant provisions of the Criminal Procedure Law, the conditions for release on bail pending further investigation: 1and may be sentenced to controlled release, short-term detention, or independently applying supplementary punishments.
That is, where the criminal suspect or defendant has a relatively light sentence and there is no need to arrest him, but there is a possibility of evading investigation, prosecution, and trial, or other obstructions to the smooth progress of the proceedings, release on guarantee pending further investigation shall be used. 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.Those who should be arrested, but suffer from serious illnesses that make them unfit for detention, such as those who are unable to take care of themselves due to illness, may be released on bail pending further investigation.4Those who should be arrested in accordance with law, but are pregnant or breastfeeding their own infants.
5.Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient. 6.
Criminal suspects or defendants who have already been arrested and detained cannot conclude the case within the legally-prescribed time limits for investigation, prosecution, first-instance trial, or second-instance trial, and there is no danger to society in employing the method of guaranteeing further investigation. Criminal suspects who hold valid passports or other valid exit documents and may leave the country to evade investigation, but do not need to be arrested, may be released on bail pending further investigation. Criminal suspects in cases where the procuratorate organ does not approve the arrest after an arrest is submitted and it is necessary to reconsider or review, and after transferring the case for prosecution, the procuratorate decides not to prosecute, and the case needs to be reconsidered or reviewed, may also be released on guarantee pending further investigation.
As long as the above conditions are met, the offender in the economic case can be released on bail pending trial. Legal basis: 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 will not cause danger to society; (3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society; (4) The period of detention has expired, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.
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1. As long as the conditions for release on guarantee pending further investigation are met, release on bail pending further investigation can be processed.
2. Conditions for release on bail pending further investigation:
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 illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society;
(4) The period of detention has expired, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.
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The bail has little to do with the amount, and the relationship is whether the bail is not eligible for bail.
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Legal Analysis: If a criminal suspect in an economic case meets the requirements for release on bail pending further investigation, he may be released on bail pending further investigation. Where a criminal suspect is suspected of an economic case, an application may be submitted to the judicial organs, requesting that the judicial organs allow the criminal suspect to be released on guarantee pending further investigation, and the judicial organs shall conduct a review of the criminal suspect, and where it is found that the criminal suspect's circumstances meet the requirements for release on guarantee pending further investigation, they shall agree to 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 will not cause danger to society;
(3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society;
(4) The period of detention has expired, the case has not yet been completed, and it is necessary to take the need 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 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.
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