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After more than four months of being released on bail pending trial, the Public Security Bureau caught the release on bail pending trial, arrested him, and prepared for trial. Parties shall take the initiative to return to the case and actively admit guilt.
Article 56 of the Criminal Procedure Law stipulates that criminal suspects or defendants released on guarantee pending further investigation shall comply with the following provisions:
1) Must not leave the city or county of residence without the approval of the enforcement organ;
2) Promptly appear in the case at the time of arraignment;
3) must not interfere with witnesses' testimony in any form;
4) Evidence must not be destroyed or fabricated or colluded testimony.
Where a criminal suspect or defendant released on guarantee pending further investigation violates the provisions of the preceding paragraph by already paying a guarantee deposit, the guarantee deposit is to be confiscated, and the criminal suspect or defendant is to be ordered to make a statement of repentance, pay a new guarantee deposit, submit a guarantor, or place them under residential surveillance, or arrest them. Where criminal suspects or defendants have not violated the provisions of the preceding paragraph during the period of release on guarantee pending further investigation, the guarantee deposit shall be returned at the end of release on guarantee.
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Hello, your question lawyer Huang Qiaowen is as follows:
It is recommended that you contact lawyer Huang Qiaowen in a timely manner and entrust him to help meet and defend him. The sooner a criminal lawyer intervenes, the better it is for the client, and the lawyer can do a lot of work, and professionalism and responsibility are the greatest guarantees. The right of a lawyer to intervene during the investigation phase is as follows:
1. Provide legal assistance and legal advice; 2. Appeals and accusations; 3. Apply for modification or lifting of compulsory measures; 4. Learn from the investigating authorities about the suspect's suspected crimes and the relevant circumstances of the case; 5. Put forward defense opinions; 6. Meetings and correspondence; 7. Apply for release on bail pending further investigation; 8. Apply to the people's procuratorate to conduct a review of the necessity of detention. At the stage of examination and prosecution, the file can be consulted and copied; Application for investigation and evidence collection, etc. to the court trial stage to appear in court to defend and so on.
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Where a person becomes an online fugitive after being released on guarantee pending further investigation, he or she may still be released on guarantee pending further investigation. Where parties voluntarily surrender after being chased online, as long as the requirements for release on guarantee pending further investigation are met, they may still be released on guarantee pending further investigation normally, and where the parties surrender themselves after being chased online, they will also be given a lighter or commuted punishment; If the crime is minor, the punishment can also be waived. Legal basis:
Criminal Law of the People's Republic of China》 Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are voluntarily surrendered. Duan Chang may give a lighter or commuted punishment to those who voluntarily surrender to commit the crime of praising and burning filial piety. Of these, where the crime is relatively minor, punishment may be waived.
Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered. Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs of voluntary surrender, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.
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Where a criminal suspect escapes during the period of release on guarantee pending further investigation, the public security organs are to pursue him through a wanted warrant, and may be given a heavier punishment in sentencing.
1. How long will it take for the fugitives to be released?
As long as the online fugitive is not brought to justice, it will not be revoked. There is no time limit for the revocation of a wanted warrant for a criminal suspect on the Internet, and the wanted warrant will be revoked only when the criminal suspect is caught, or if the criminal suspect voluntarily surrenders. For criminal suspects who should be arrested but are at large, the public security organs may issue wanted warrants and employ effective measures to pursue them and bring them to justice.
2. Will small cases be fled? ?
Hello, what you are talking about is determined by the criminal case and the circumstances of the crime. The provisions on wanted notices can be found in accordance with the Criminal Procedure Law and the relevant regulations of the Ministry of Public Security:1 Only public security organs at or above the county level have the right to issue wanted notices, and no other organ, group, unit, organization or individual has the right to issue wanted notices.
When the people's procuratorate needs to pursue a criminal suspect who is at large in the course of handling a self-investigation case in Hedong, it has the right to make a wanted decision with the approval of the chief procurator, but the public security organ still needs to issue a wanted warrant. 2. When public security organs at all levels issue wanted notices, they have a limited scope, and they may directly issue a wanted notice within the area under their jurisdiction, and if they exceed the area under their jurisdiction, they shall report to the organ at a higher level that has the authority to make a decision for issuance. 3 Wanted persons are limited to criminal suspects who should be arrested in accordance with the law and are at large, including those who should be arrested in accordance with the law but are at large and those who have been arrested but escaped while in custody.
3. How long after release on bail pending further investigation is to cancel the online pursuit of fugitives.
While on bail pending trial, he was wanted on the fugitive Internet, and the wanted warrant could not be revoked until the suspect was caught. Relevant laws and regulations stipulate that if a criminal suspect who should be arrested is at large, the public security organs may issue a wanted warrant and take effective measures to pursue and bring him to justice. Public security organs at all levels may directly issue wanted warrants within the areas under their jurisdiction; Regions beyond their own jurisdiction shall be reported to the organ at the level above that has the authority to make a decision for release.
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 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 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.
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Legal analysis: It is possible to apply for jujube rent for release on bail pending trial. Where a party surrenders after being chased online, as long as the requirements for release on guarantee pending further investigation are met, they may still be released on guarantee pending further investigation after the decision of the case-handling organ, and this has nothing to do with whether or not they have ever been chased online.
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 carrying a woman who is breastfeeding their own infant, 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 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 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.
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Release on guarantee pending further investigation may be handled. Where a party surrenders after being chased online, as long as the requirements for release on guarantee pending further investigation are met, they may still be released on guarantee pending further investigation after the case-handling organ's decision to clear their whereabouts, and this has nothing to do with whether or not they have ever been chased online.
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 sentence of controlled release, short-term detention, or an independent application of a supplementary response and an increased sentence might be given; 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. Release on guarantee pending further investigation is to be enforced by the public security organs.
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