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If we negotiate with the other parent before going to court, will we be sentenced when we are released on bail pending trial?
Obtaining the victim's forgiveness will be considered as a sentencing circumstance in the proceedings.
But due to. The forensic examination was a minor injury.
Then, if the prosecution stage has not yet been reached, the public security may consider withdrawing the case according to the circumstances.
If we can't negotiate with the other party before the case, can we be released on bail pending trial?
This is very difficult to say, it depends on the opinion of the case-handling organ, and considering that it is a violent crime, there are difficulties.
And we should be in legitimate defence.
How can you think about it when arguing in court.
But. It is justified self-defense. The noodles are small.
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Hello. Release on bail pending trial is a compulsory measure before the verdict, not a punishment system. If the negotiation with the other party is good, and the circumstances are minor, you can apply for release on bail pending trial, but in the end, the court will have to make a judgment, and the above situation may be sentenced to less than one year, and a suspended sentence can be stried.
Justifiable defense cannot be determined.
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It will be difficult to handle the sentence after the sentence is imposed, and now the key issue is to find a way to get the other party to withdraw the lawsuit before the sentence is handed down, and it will be much better if there are people in the public security bureau. This situation has gone beyond legitimate defense, and the other party is still injured by three people, and the situation is not optimistic. If it is not a serious injury, it will not be severe.
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1.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. It is to be enforced by the public security organs.
2.Those who meet the requirements for reporting may be placed on guarantee pending further investigation.
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First of all, it depends on whether they do it first, and if they do, you are justified in defense.
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Release on bail pending further investigation does not affect sentencing. A lawyer should be appointed to defend him.
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In addition to the applicant, the applicant generally refers to the husband and wife, parents, children, etc., and also needs to provide proof of kinship (household registration book or certificate from the public security organ). If the conditions for legal aid are met, a lawyer will be assigned to provide legal aid and defense. In special circumstances (such as blind, deaf, or mute people, who may be sentenced to life imprisonment or death), where a defender has not been retained, legal aid shall be provided for the defense.
Reference law: Article 34 of the Criminal Procedure Law: Where a criminal suspect or defendant has not retained a defender due to financial hardship or other reasons, he or her close relatives may submit an application to a legal aid institution. Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide them with a defense.
Where a criminal suspect or defendant is blind, deaf, or mute, or a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct, and has not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.
Where criminal suspects or defendants might be sentenced to life imprisonment or death, and have not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.
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If the conditions for legal aid are met, they may apply for legal aid by applying for legal aid through the legal aid center of the county or district judicial bureau, or by submitting an application to a specialized legal aid institution (a legal aid institution established by an organization such as a women's federation, a disabled persons' federation, a trade union rights protection organization, etc.).
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Hello, criminal lawyers provide legal support to suspects or defendants through their professional legal knowledge and defense skills. The collection of money should be determined strictly by the charging standard. The amount of money collected in criminal cases is calculated separately for each period of case handling, and the fee standards are clarified.
1. During the investigation period, each one collects 5,000-10,000 yuan. 2. During the period of review and prosecution, each person will receive 5,000-10,000 yuan. 3. During the first instance period, each received 10,000-30,000 yuan.
1) The collection of money in criminal cases is to be calculated separately for each period of case handling, and the number of cases is to be calculated, and the fee standards are clarified.
1. During the investigation period, each one collects 5,000-10,000 yuan.
2. During the period of review and prosecution, each person will receive 5,000-10,000 yuan.
3. During the first instance period, each received 10,000-30,000 yuan.
4. Cases in non-Beijing urban areas where the family has special difficulties and are suitable for local legal aid are to be lowered within the above standards.
2) Criminal lawyer service fees are to be collected in second-instance trials, death penalty reviews, retrials, appeals, and private criminal prosecution cases on the basis of the first-instance trial fee standards.
3) For multiple periods of a case in one law firm, the payment shall be collected as appropriate from the second period.
4) Where the victim initiates a civil litigation case attached to a criminal case, criminal lawyer service fees are to be collected on the basis of the civil litigation case fee standards.
5) Where criminal suspects or defendants are related to several crimes or multiple facts of the crime at the same time, the number of cases may be separately calculated and collected on the basis of the charges or facts involved.
2. In the following cases, the law firm and the parties shall reach an agreement through negotiation and collect the fee on the basis of no more than 5 times the above-mentioned fee standard:
1) The legal relationship of the case is complex, and the criminal lawyer has significantly more time handling the case than in similar cases;
2) Difficult professional issues in the case relationship, and the requirements for criminal lawyers' professional level are clearly higher than in similar cases;
3) Major cases involving foreign interests and cases with a major social impact.
The parties shall bear the appraisal fees, data inquiry fees, photocopying fees, and other fees that need to be paid to the case-handling unit in the course of handling the case.
Travel expenses such as transportation expenses and accommodation expenses for handling cases in other places are to be borne by the parties, and are to be settled and reimbursed according to the actual expenses, and a certain amount may also be negotiated to cover the expenses.
The specific requirements of the client are different for different clients, and the most typical is the number of meetings in the investigation stage, and some clients will require the lawyer to increase the number of unnecessary meetings in addition to the number of meetings required by the case, which will directly increase the lawyer's workload and other costs, resulting in an increase in the lawyer's fees. The specific requirements of the client are an important factor in determining the lawyer's fee.
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If a friend is detained and wants to contact him, he can take the method of visitation, and the specific visitation regulations can be consulted with the relevant departments.
Meetings with detainees shall be conducted in the detention center's meeting area at the prescribed time with valid identification documents. A lawyer retained by a detainee to meet with a detainee shall also present a lawyer's practice certificate, a law firm certificate, a power of attorney, or an official letter of legal aid.
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1. It is likely that your friend was detained only to investigate the case, and it does not mean that the public security organs consider it a crime. 2. The police said that it would take 30,000 yuan to release your friend, and the 30,000 yuan is likely to be just a security deposit. The deposit is refundable at the time of closing.
3. Whether the crime is convicted or not is not up to the public security bureau to have the final say, but also depends on whether the procuratorate will review and prosecute, and whether the court will make a judgment.
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At this time, the police told you privately, this is not in accordance with the regulations, if you want to go through the formal legal procedures, it will also be prosecuted by the prosecutor, and the court will rule that the public security has no right to do this, and at most impose a fine of 3,000 yuan under the public security punishment regulations. You just spend it with them, this is her way of collecting money, I suggest that you hire a lawyer**, it will definitely not cost 30,000. Since the police said that the 30,000 yuan would be released, there must not have been a case, but it was just characterized as an ordinary fight.
The crime of intentional injury must be subjectively intentional, what kind of injury is the forensic examination? Minor injuries and ordinary assault do not constitute this offence. According to Article 234 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release; and where serious injury is caused, the sentence is between three and ten years imprisonment.
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There is no charge of intentional injury in the law, there is only the crime of intentional injury (minor injury, serious injury, causing death) in the Criminal Law, and the law on penalties for public security administration only refers to assault (minor injury). It depends on the condition of the other party's injuries, if it is a minor injury or more, it violates the Criminal Law, and it is punishable. If the injury is minor, it is only a public security penalty, up to 15 days.
The Public Security Bureau is not allowed to ask for money, that is against the law. Only the amount that the court can award is valid. Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
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1. If it is administrative detention, then you should receive education in the detention center, and don't do this kind of illegal thing in the future.
2. In the case of criminal detention, the family may be contacted to hire a lawyer to provide services, compensate the victim, and strive for a lenient punishment.
Article 89 of the Criminal Procedure Law stipulates that if a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
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In the course of criminal proceedings, criminal detention is a temporary coercive measure taken against criminal suspects and defendants, and criminal detention is taken to ensure the smooth progress of the proceedings. So, what happens after criminal detention has been carried out? As a family member or friend, first of all, you should learn the facts of the suspected crime from the public security organ or procuratorate handling the case as soon as possible.
Second, they have the right to inquire from the case-handling organ about the place of detention. In accordance with the provisions of law, summons or custodial summons must not exceed 12 hours, and criminal suspects must not be detained in disguised form in the form of summons or custodial summons. After a public security organ detains a person, it shall, within 24 hours, notify the family of the detainee or the place of detention of the detainee's family or his work unit, except in circumstances where the investigation is obstructed or notification is not possible.
Thirdly, if the prisoner is not notified of his detention after being detained for several days, the prisoner is usually arrested in a foreign country, and usually, the police do not neglect the procedure of notifying the family, so the prisoner's family does not need to be overly suspicious. In this case, the family of the criminal suspect can directly contact the local police station to find out whether there is a notice of detention, so as to know the location and reason for the prisoner's detention. Finally, if the family is sure that the loved one is detained or arrested and knows exactly where the person is detained, then they can promptly hire a lawyer to meet with the detention center to protect the legitimate rights and interests of the client.
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It is recommended to find out the specific charges of criminal detention first, hire a lawyer as soon as possible, and seek evidence in favor of them to solve the problem.
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It is advisable to appoint a lawyer to go to the detention center to meet your friend and provide legal help to your friend.
You can contact him now as a good friend and see how he treats you, if it's okay, you can say thank you to him for his kindness to you before, if you can, you can meet him and hang out, he hasn't been with that girl after all, if it feels good, take it and cherish it!
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