Can I be released on bail while appealing? Can bail be released while appealing?

During the appeal period, it is possible to apply for bail pending trial, but there are conditions for release on bail pending trial, one is to ask for *** money or a guarantor; Second, according to the rules of criminal procedure, the people's procuratorate may release a criminal suspect 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 not arrest will cause danger to society;

3) Where it is necessary to arrest a person in custody but the evidence does not meet the requirements for arrest;

4) Suffering from a serious illness that should be arrested;

5) Those who should be arrested but are pregnant or breastfeeding their own infants;

6) The case cannot be concluded within the legally-prescribed time limit for investigation and detention or review for prosecution, and it is necessary to continue the investigation or review for prosecution;

7) Holding a valid passport or other valid exit document that might leave the country to evade investigation, but does not need to be arrested.

They may go to the procuratorate to directly apply for release on guarantee pending further investigation, and the people's procuratorate shall give a reply within 7 days of whether or not they agree.

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.

Hope it helps!

During the appeal period, an application for release on bail may be made to the court.

Article 51 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 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.

Legal analysis: During the appeal period, it is possible to obtain bail pending trial, but it must also comply with the regulations, require a guarantee and a guarantor, may be sentenced to controlled detention of criminal suspects, may be sentenced to fixed-term imprisonment, criminal suspects who are not too dangerous to society, detainees suffer from inflammatory diseases or detainees are breastfeeding or pregnant.

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 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.

Yes, as long as you are in front of the court, you can apply for release on bail pending further investigation. It depends on whether the evidence submitted by the procuratorate to the court can prove that the criminal suspect has committed a crime, and if it does not constitute a crime, of course he will not be sentenced, otherwise, he will naturally be sentenced.

Legal basis] Article 67 of the Criminal Procedure Law.

In any of the following circumstances, people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee to stay awaiting further investigation: (1) where they might be sentenced to controlled release, short-term detention, or independently applied 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 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 95: Criminal suspects or defendants and their legally-designated persons, close relatives, or defenders have the right to apply for modification of compulsory measures. After the people's courts, people's procuratorates, and public security organs receive an application, they shall make a decision within 3 days; Where they do not agree to modify the compulsory measures, they shall inform the applicant and explain the reasons for not agreeing.

Legal analysis: If the case arrives at the procuratorate, you can apply for bail. The law stipulates that public security organs, procuratorates, and people's courts may take bail measures against criminal suspects.

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 remove criminal suspects or defendants with 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 have made a decision 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 place of residence and income.

Bail means release on bail pending trial. According to the law, release on guarantee pending further investigation refers to compulsory measures taken by the people's courts, people's procuratorates, or public security organs to order certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits to ensure that they are always available. Therefore, as long as the conditions prescribed by law are met, the defendant who is suspected of being accommodated during the appeal period may also apply for release on guarantee pending further investigation in accordance with the regulations, and whether or not it is approved shall be reviewed and determined by the people's court.

Legal basis: Article 65 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 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 77: People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months.

During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued, or that the period of release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted. Where release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.

People's courts may release 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.

There is no bail until the judgment takes effect.

Where the first-instance judgment decides to detain, release on guarantee is generally not granted during the appeal period.

The people's courts may release defendants on guarantee pending further investigation in any of the following circumstances: Hengpengshen.

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 babies and cubs, and taking release on guarantee pending further investigation will not cause a risk of social insecurity;

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.

As long as the release on bail pending further investigation is lifted, you can apply for retrieval of the bail.

Hello, you can get it back after the release on bail is over. If you have not violated the law during the bail period, the security deposit should be refunded to you.

In criminal law, there is only the concept of a bail bond pending further investigation, which means that when the public security organ investigates and collects evidence on a person suspected of a criminal offense, it is considered that it will not hinder the public security organ's investigation and collection of evidence, and at the same time requires the suspect to provide a guarantor or security deposit.

If the provisions on release on guarantee pending further investigation are not violated, the security deposit may be refunded after the release on bail is over. For example, they must not collude testifying, they must not obstruct witnesses from testifying, and they must not leave their place of residence without authorization. In case of violation, the police may confiscate part or all of your security deposit. Hope to adopt.