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Release on bail pending further investigation is only for criminal cases, and only the Criminal Procedure Law provides for a system of release on bail pending further investigation.
Article 65 of the Criminal Procedure Law 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 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.
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For criminal cases only, you can look at the provisions of the Criminal Procedure Law.
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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.
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Yes, release on bail is a criminal coercive measure, which is included in the Criminal Procedure Law.
If it helps,.
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1. The following conditions must be met to apply 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 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 would 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) The period of detention is complete, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.
2. The applicant needs to submit an application to apply for release on bail pending further investigation.
Criminal suspects and defendants and their legally-designated persons, close relatives, and defenders need to submit an application for release on guarantee pending further investigation to the public security, procuratorate, or court. "Legal person" refers to a person who engages in a certain act in accordance with the law. According to the provisions of Article 106 of the Criminal Procedure Law, the statutory ** person refers to the parents, adoptive parents, guardians of the ** person, and the representatives of the organs and organizations with the responsibility to protect:
"Close relatives" refers to husbands, wives, fathers, mothers, sons, daughters, and siblings.
3. Two ways of 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 to ensure that the guarantor can be present at any time. 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.
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 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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Legal Analysis: No, release on bail pending further investigation is a practice of modifying compulsory measures, in the process of requiring a guarantor or paying a guarantee deposit, and issuing a letter of guarantee, which is a compulsory measure against the parties not to be detained or temporarily released from the custody of the parties.
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 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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No, release on bail pending further investigation is a practice of modifying compulsory measures, and in the process, it is necessary for the guarantor or the person who closes the cycle to pay a guarantee deposit and issue a letter of guarantee, which is a compulsory measure for the parties not to be detained or temporarily released from the custody of the parties.
1. Can a person released on bail pending trial be sentenced to prison?
Release on guarantee pending further investigation refers to a compulsory measure in criminal proceedings whereby the 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 summoned at all times, and that they will not be detained or temporarily released from detention.
Release on bail pending further investigation is only a change in the coercive measures. In case of violation of relevant laws and regulations, it is possible to arrest him. As to whether the final result is a prison sentence, the court will make a judgment after hearing.
2. Whether there are compulsory measures for release on guarantee pending further investigation.
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.
3. Can the case be released on bail pending further investigation when the case is brought to the procuratorate?
OK. "Release on guarantee pending further investigation" refers to a compulsory measure in criminal proceedings whereby the 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 evade investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be summoned at all times, and that they will not be detained or temporarily released from detention. It is to be enforced by the public security organs.
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 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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No, release on guarantee pending further investigation is a practice of changing compulsory measures, in which a guarantor or a guarantee deposit is required, and a letter of guarantee is required to leave the bridge and provide a guarantee, which is a compulsory measure against the parties not to be detained or temporarily released from the custody of the parties.
1. What are the materials required for drunk driving bail pending trial?
An application for release on bail pending further investigation is required, and a lawyer may also be retained to handle it. Release on guarantee pending further investigation is a compulsory measure provided for in China's Criminal Procedure Law, which refers to a compulsory measure in criminal proceedings in which the 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 their 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 summoned at all times, and that they will not be detained or temporarily released from detention.
2. Whether release on guarantee pending further investigation has the conditions for compulsory measures.
Release on bail pending further investigation is a compulsory measure, and release on bail pending further investigation is a criminal compulsory measure in accordance with the Criminal Procedure Law of the People's Republic of China. In criminal proceedings, 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 being arrested to avoid investigation, prosecution, and trial, and order them to provide a guarantor or pay a guarantee deposit, and issue a letter of guarantee that they will be available with them, and that they will not be detained or temporarily released from detention.
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 suspect or defendant who committed the crime of bringing light to the suspect or defendant to provide a guarantor or pay a guarantee deposit.
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No, release on guarantee pending further investigation is a practice of modifying compulsory measures, in which a guarantor or a guarantee deposit is required in the process, and a letter of guarantee is issued, which is a compulsory measure against the detention of the parties or the temporary release of the parties. 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 suspects or defendants who commit the crime of bridges and bridges 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; 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 bail 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 for leniency pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.
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