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I have no right to know, the conditions for release on bail pending trial: 1 may be sentenced to controlled release, criminal detention or independent application of supplementary sentences. 2. A sentence of fixed-term imprisonment or higher may be imposed, and release on guarantee pending further investigation will not cause harm to society.
3 Women who are seriously ill or who are pregnant or nursing their own babies should be arrested.
Where a criminal suspect or defendant is released on guarantee pending further investigation, the public security organs, people's procuratorates, and people's courts are to make a decision in accordance with law on the basis of the specific circumstances of the case.
Procedures for release on bail: Application for release on bail. Detained criminal suspects or defendants, their legally-designated persons, close relatives, and lawyers retained by criminal suspects have the right to submit an application for release on guarantee pending further investigation.
Decision on release on bail. 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.
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.
Where a criminal suspect or defendant has not violated article 56 of the Criminal Procedure Law during the period of release on guarantee pending further investigation, after the period of release on guarantee is completed, the public security organ responsible for enforcement shall return the guarantee deposit to the criminal suspect or defendant and inform the guarantor to release the guarantee. Release on guarantee pending further investigation must not exceed 12 months. During the period of release on guarantee pending further investigation, the investigation, prosecution, and trial of the case must not be interrupted.
Where the period for release on guarantee pending further investigation is complete, or where it is discovered that there are circumstances that provide for in article 15 of the Criminal Procedure Law that criminal responsibility should not be pursued, or where the case has already been completed, the organ that made the original decision shall make a decision to revoke release on guarantee pending further investigation and notify the public security organ responsible for enforcement.
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Do the insureds and auto insurance deposit purchasers have the right to know? You should let him know what to do and how to do it. In the future, we must do things well and be a good person.
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The plaintiff can be informed that the other party has been released on bail, but as for the amount of bail and the bailarant, the guarantor has no obligation to inform, and if there is any objection, he can complain to the superior.
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The security deposit is paid by the person released on guarantee or his relatives, and will be refunded at that time.
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The bail and the bail plaintiff have no right to know! This is the regulation of the judicial organs, stipulating how much money to pay, you can be released on bail!
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Hello, Qu Baoren and the suburbs pay bail, the plaintiff also has the right to know, this is a special means of the public security organs to the suspect, thank you.
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Release on bail pending further investigation is only possible in the course of criminal case proceedings, and release on bail pending further investigation is only a compulsory measure in the course of handling criminal cases. The plaintiff in the criminal proceedings is the prosecutor's office, not the victim. In ordinary criminal proceedings, it is divided into stages, and in each stage of investigation, prosecution, and trial, the case-handling organ has the right to take appropriate compulsory measures against the criminal suspect based on the actual situation.
The victim is a type of party in a criminal proceeding and has no right to know the details of the compulsory measures taken by the case-handling unit against the criminal suspect.
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Hello, the bail and bail bond are not the right of the victim to know, because this is the interference of the public security organs, that is, the state organs.
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Do Qu Baoren and the plaintiff of the bail bond know about it? You don't have the right to know. GE people.
Qu guarantor and guarantor. It's all for. There is a certain responsibility.
Then why do you still ask so much? This issue must be kept secret. is to migrate to legal issues.
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The plaintiff has the right to know about the bail and the bail bond. Because in the trial, the plaintiff will cross-examine the amount of bail provided by the guarantor. Therefore, the plaintiff has the right to know the amount of the bail and the bail bond. FYI.
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This is the autonomous power of the court and there is no obligation to inform the plaintiff. However, the plaintiff will also be informed. Hope.
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This does not need to be known to the plaintiff. Because this is a coercive measure, not a final result.
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Let me ask you some questions about what the guarantor and the guarantor have the right to know.
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The plaintiffs have the right to know.
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The bail and the bail plaintiff are of course entitled to know.
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Do the bail and bail plaintiff have the right to know? The plaintiff has the right to guide the guarantor and the bail bond.
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Legal Analysis:1supervise the guarantor's compliance with the provisions that should be complied with during the period of release on guarantee; 2.Where it is discovered that the guaranteed person may have committed or has already violated the provisions that shall be observed during the period of release on guarantee, it shall be promptly reported to the enforcement organ.
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 suspects or defendants in any of the following circumstances on guarantee pending further investigation
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 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 residence and income for the brigade.
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You are advised that, under normal circumstances, the guarantor does not have the right to know the location of the person released on bail. Because the position of the person released on bail pending further investigation is personal privacy, Xiang Xiang is cautious about the issue of protecting his personal safety and rights and interests. However, if the guarantor needs to contact the person released on guarantee, he or she may submit an application to the case-handling unit, and the case-handling unit will make arrangements for the mediation.
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The guarantee deposit for release on guarantee pending further investigation shall be returned to the person on guarantee, and may be completed if the formalities for entrustment for release on guarantee pending further investigation are complete.
Article 71 of the Criminal Procedure Law stipulates that if a criminal suspect or defendant does not violate the provisions of Article 69 of this Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee, he or she shall go to the bank to collect the returned guarantee deposit with the notice of release on guarantee pending further investigation or relevant legal documents.
Article 97 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" stipulates: Where a person released on guarantee pending further investigation has not violated the relevant provisions of Articles 85 and 86 of these Provisions during the period of release on guarantee, nor has he committed a new intentional crime, or has any of the circumstances provided for in Article 183 of these Provisions, the public security organ shall draft a written decision to return the guarantee deposit and notify the bank to return the guarantee deposit in full at the same time that the release on guarantee pending further investigation is lifted and the compulsory measures are modified. The person released on guarantee pending further investigation or his legally-designated ** person may go to the bank to collect the returned security deposit with the written decision to return the security deposit.
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Generally yes, ** people can also handle it.
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According to the provisions of the Criminal Procedure Law, there are two ways to guarantee release on bail pending further investigation:
One is to provide a guarantor guarantee. In other words, the person released on guarantee must propose a qualified person as his guarantor, and the guarantor must bear the obligations prescribed by law, and the guarantor can be carried out with the summons and be able to wait for trial. If the person released on guarantee violates the provisions and the guarantor fails to report it in a timely manner, the guarantor shall be fined.
where a crime is constituted, criminal responsibility is pursued in accordance with law. Regardless of which organ decides on release on guarantee, it is up to the public security organs to determine whether the guarantor has fulfilled the obligation to guarantee the release on guarantee. Where the public security organs find that the guarantor should be fined, the public security organ is also to make a decision, and the people's procuratorate or people's court cannot fine the guarantor.
One is to provide a security deposit. Where a criminal suspect or defendant is released on guarantee pending further investigation, a certain amount of cash is to be paid as a guarantee. If the relevant provisions are violated, the guarantee deposit will be confiscated, and the criminal suspect or defendant will be ordered to make a statement of repentance, pay a new guarantee deposit, provide a guarantor or place him under residential surveillance, and arrest him.
Where the criminal suspect or defendant has not violated relevant provisions during the period of release on guarantee pending further investigation, the guarantee deposit shall be returned at the end of the release on guarantee. Where a guarantee deposit is employed, the amount of the guarantee deposit is to be determined by the organ that decided to release on guarantee pending further investigation on the basis of the specific circumstances of the case. It is necessary to consider the nature and circumstances of the crime and other factors in the case, and the criminal suspect or defendant's ability to bear it must not be ignored.
If a smaller amount of margin is determined to be a guarantee, a higher amount of margin should not be required. The collection and custody of the guarantee deposit is the responsibility of the enforcement organ for release on guarantee, i.e., the public security organ. People's courts and people's procuratorates cannot directly collect guarantee deposits for release on guarantee pending further investigation.
Both of these types of guarantees guarantee guarantee that the person released on guarantee pending further investigation is always on the line, and that the pending trial is not mistakenly linked to the certain economic interests of the guarantor or the person released on guarantee, so as to enhance the guarantor's sense of responsibility and binding force on the person released on guarantee, and ensure the smooth progress of criminal litigation activities.
For a person released on guarantee pending further investigation, the decision-making organ cannot require him to submit a guarantor and pay a guarantee deposit at the same time, and cannot engage in double guarantees, and can only choose to apply one of the two guarantee methods, the guarantor and the deposit deposit, and cannot be used at the same time. Cases of release on guarantee pending further investigation are mainly applicable to cases where the crime is relatively minor and the danger to society is small, and the use of a single form of guarantee such as a guarantor guarantee or a guarantee deposit guarantee can basically play a role in guaranteeing. Where the use of release on guarantee pending further investigation cannot prevent the occurrence of danger to society, it is to be resolved by employing more severe coercive measures, i.e., arrest measures, in accordance with law, rather than by increasing the force of guarantees.
If a person released on bail is required to provide two forms of security, some persons who meet the conditions for release on bail will not be eligible for bail. For example, some people are able to provide a guarantor but cannot provide a bond, while others are able to provide a guarantee but cannot provide a guarantor, and bail cannot be used in both cases.
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Article 55 of the Criminal Procedure Law of the People's Republic of China (revised on March 17, 1996) The guarantor shall perform the following obligations: (1) supervise the guarantor's compliance with the provisions of Article 56 of this Law; (2) Where it is discovered that the guaranteed person may have committed or has already committed conduct that violates the provisions of Article 56 of this Law, it shall be promptly reported to the enforcement organ. If the guarantor violates the provisions of Article 56 of this Law and fails to report it in a timely manner, the guarantor shall be fined, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law.
Article 43 of the Rules of Criminal Procedure of the People's Procuratorate (amended by the Supreme People's Procuratorate on December 16, 1998) The People's Procuratorate shall inform the guarantor to perform the following obligations: (1) supervise the guarantor's compliance with the provisions of Article 56 of the Criminal Procedure Law; (2) Where it is discovered that the guaranteed person may have violated the provisions of article 56 of the Criminal Procedure Law or has already occurred, promptly report it to the enforcement organ. After the guarantor undertakes to undertake the obligations described above, he or she shall sign or affix a seal to the guarantee for release on guarantee pending further investigation.
Article 51: Where the people's procuratorate discovers that the guarantor has not performed the obligations provided for in article 55 of the Criminal Procedure Law, and fails to promptly report the guarantor's violation of article 56 of the Criminal Procedure Law, it shall notify the Qingying public security organ and request that the public security organ make a decision on the guarantor's fine. where a crime is constituted, the guarantor's criminal responsibility shall be pursued in accordance with law. Article 70 of the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs (Amended on May 14, 1998) Guarantors shall perform the following obligations:
1) Supervise the guarantor's compliance with the provisions of Article 86 of these Provisions; (2) Where it is discovered that the guaranteed person may have violated the provisions of article 86 of these Provisions, it shall be promptly reported to the public security organ enforcing release on guarantee pending further investigation. Article 71: The guarantor shall fill out the "Letter of Guarantee" and sign or affix a seal to the "Letter of Guarantee". Where the guarantor violates the provisions that should be complied with and the guarantor fails to report it in a timely manner, the public security organ shall, after verifying the facts, issue a "Decision to Impose a Penalty on the Guarantor" with the approval of the responsible person of the public security organ at or above the county level, and impose a fine on the guarantor; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 72: The public security organs shall announce a guarantor's decision to impose a fine, and inform them that if they are not satisfied with the decision to impose a fine, they may apply to the public security organ at the level above for a review within 5 days of receiving the "Decision on the Guarantor's Decision to Impose a Fine". The public security organ at the level above shall make a decision within 7 days of receiving the application for review. Where a higher-level public security organ revokes or modifies a decision to impose a fine, the lower-level public security organ shall enforce it.
First of all, you must meet the specified conditions, otherwise you will not be qualified as a *** person. Of course, in most cases, the guarantee will be provided by paying a deposit, and the specific amount of the deposit will be determined according to the actual circumstances of the case.
The guarantor who is released on guarantee pending further investigation may revoke the guarantee. The relevant laws provide that if a guarantor is fined or confiscated for violating provisions after paying a guarantee deposit, or the guarantor is unwilling to fail to perform the guarantee obligation, the person released on guarantee shall be ordered to submit a new guarantor or pay the guarantee deposit, or make a decision to modify the compulsory measures (detention or arrest). >>>More
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Release on guarantee pending further investigation indicates that the criminal suspect might be sentenced to controlled release, short-term detention, or independently applied an additional punishment, or that there is a possibility that the criminal suspect might be sentenced to fixed-term imprisonment or higher, and that release on guarantee pending further investigation would not cause danger to society. In other words, if you can apply for release on bail pending further investigation, the sentence that may be imposed is relatively light. >>>More
1. "Release on Guarantee Pending Investigation" refers to a certain amount of cash that a public security organ orders a criminal suspect to pay to ensure that he does not obstruct or evade criminal proceedings when deciding to release a criminal suspect who meets the requirements for release on guarantee pending further investigation as provided for in the Criminal Procedure Law. 2. According to the provisions of the new Criminal Procedure Law, the judicial organs will consider the criminal suspicion in criminal proceedings.
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