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The conditions for release on bail include:
1. Where a controlled release, short-term detention, or supplementary punishment might be independently applied;
2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no danger to society;
3. The suspect who should be arrested suffers from a serious illness, or is a woman who is pregnant and breastfeeding her baby under the age of one;
4. For a criminal suspect in custody, the evidence does not meet the requirements for arrest;
5. After an arrest is submitted, the procuratorate does not approve the arrest and needs to be reconsidered or reviewed;
6. Cases in which the criminal suspect is detained cannot be completed within the legally-prescribed time period, and it is necessary to continue the investigation;
VII. After transferring for prosecution, the procuratorate decides not to prosecute, and it is necessary to reconsider or review.
Method: There are two ways to guarantee the person on bail pending trial and the guarantee deposit. Where a decision is made to release the same criminal suspect or defendant on guarantee pending further investigation, the guarantor guarantee and the guarantee deposit cannot be used at the same time.
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Answer: Public procuratorial organs may release criminal suspects or defendants on bail pending further investigation under any of the following circumstances:
1. Where a controlled release, short-term detention, or supplementary punishment might be independently applied;
2) A sentence of fixed-term imprisonment or higher might be given, and the use of release on guarantee pending further investigation or residential surveillance will not cause danger to society. For details, please refer to the Conditions for Applying Bail Pending Trial.
There are two ways to apply for release on bail pending further investigation: by providing a guarantor or by paying a security deposit. The specific method of release on guarantee pending further investigation is to be determined by the approving organ.
It is recommended that you go to "Chongqing Ran Bin" and communicate directly with Lawyer Ran, who is a well-known defense lawyer in Chongqing, and ask him to give you more detailed advice.
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1. According to Article 67 of the Criminal Procedure Law, the conditions for release on bail pending further investigation are as follows:
2. (1) Where a sentence of controlled release, short-term detention or an additional punishment might be applied;
3. (2) Where a sentence of fixed-term imprisonment or higher might be given, and the adoption of release on guarantee pending further investigation would not lead to a risk to society;
4. (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;
5. (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.
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To apply for release on guarantee pending further investigation, the applicant shall first meet the requirements for release on guarantee pending further investigation under article 67 of the Criminal Procedure Law, and at the same time shall provide a guarantor or pay a guarantee deposit.
1. Application for release on bail pending further investigation. Detained criminal suspects or defendants, as well as their legally-designated persons and close relatives, have the right to submit an application for release on guarantee pending further investigation. Where a criminal suspect is arrested, the lawyer he hires may apply for release on guarantee pending further investigation.
Applications for release on guarantee pending further investigation shall be in writing.
2. The decision to release on bail pending further investigation. After the public security organs, people's procuratorates, and people's courts receive an application for release on guarantee pending further investigation, they shall make a reply within 7 days of whether they agree or not. Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, it shall be reported to the responsible person at a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval, and a "Decision on Release on Guarantee Pending Investigation" and a "Notice of Enforcement of Release on Guarantee Pending Investigation" shall be issued, and the criminal suspect or defendant shall be ordered to provide a guarantor or pay a guarantee deposit.
and where the legally-prescribed requirements for release on guarantee pending further investigation are not met, release on guarantee pending further investigation is not granted. Where they do not agree to release on guarantee pending further investigation, they shall inform the applicant and explain the reasons for not agreeing. In addition, the judicial organs may, according to the needs of the case, decide on their own to release on bail pending further investigation.
3. Enforcement of release on bail pending further investigation. The enforcement organ for release on guarantee pending further investigation is the public security organ. When enforcing the law, the public security organs shall read the "Decision on Release on Guarantee Pending Investigation" to the criminal suspect or defendant, and have them sign or affix a seal, informing them of the provisions they shall comply with during the period of release on guarantee.
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. Where a controlled release, short-term detention, or supplementary punishment might be independently applied;
2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no 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 or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.
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The conditions for applying for release on guarantee pending further investigation are: 1. Those who may be sentenced to controlled release, short-term detention, or independently apply 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 babies, and are released on bail pending further investigation will not be a danger to society; 4. At the completion of the period of detention, 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 and residential surveillance are to be enforced by the public security organs.
Release on bail pending trial is also one of the criminal coercive measures.
[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. Where a controlled release, short-term detention, or supplementary punishment might be independently applied;
2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no 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.
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The rolling limbs that meet the conditions for release on bail pending trial are:
1. Criminal suspects and defendants may be sentenced to controlled release, short-term detention, or independently applied supplementary punishments;
2. Women who suffer from serious illnesses and are unable to take care of themselves, who are pregnant or breastfeeding their own babies, will not pose a danger to society if they are on bail;
3. When the period of detention is completed and the case has not yet been completed, it is necessary to release on guarantee pending further investigation and other conditions.
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 sentence of controlled release, short-term detention, or independent application of the Dashi Supplementary Punishment might be given;
2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no 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.
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According to the relevant provisions of the "Criminal Procedure Law", the old holes for release on bail pending trial: 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 them, but there is a possibility that they may evade investigation, prosecution, and trial, or where the delay impedes the smooth progress of the proceedings, release on guarantee pending further investigation shall be used.
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Those who should be arrested, but suffer from a serious illness, may be released on bail pending further investigation.
A woman who should be arrested, but who is pregnant or breastfeeding her baby under one year of age, may be released on bail pending trial.
Where the evidence does not meet the requirements for arrest of a criminal suspect in custody, the public security organs may decide to release a criminal suspect on guarantee pending further investigation.
Where, after an arrest is submitted, the procuratorate does not approve the arrest, and it is necessary to request a reconsideration or review by Sun Bixing, the public security organs may decide to release him on guarantee pending further investigation.
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There is no exact answer to this question, so ask the people around you if they know about it. Have a great day.
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According to Article 65 of the Code of Criminal Procedure:
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 controlled release, short-term detention, or supplementary punishment might be independently applied;
2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no 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.
Criminal suspects or defendants and their legally-designated persons, close relatives or defenders have the right to apply for modification of compulsory measures. An application for release on guarantee pending further investigation may be submitted to the case-handling organs, and the case-handling organs shall make a decision within 3 days of receiving the application; Where they do not agree to modify the compulsory measures, they shall inform the applicant and explain the reasons for not agreeing.
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1. Conditions for release on bail pending further investigation:
Article 65 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on guarantee pending further investigation under any of the following circumstances:
1. Where a controlled release, short-term detention, or supplementary punishment might be independently applied;
2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no 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 and residential surveillance are to be enforced by the public security organs.
II. Handling and Form of Release on Guarantee Pending Trial:
Article 52 of the Criminal Procedure Law: Criminal suspects or defendants in custody, their legally-designated persons, and close relatives have the right to apply for release on guarantee pending further investigation.
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