Can I be released on bail pending trial if I am re detained within five years?

If you are a repeat offender, you cannot apply for bail pending trial; If they are not recidivists, they may apply for release on bail pending further investigation, and whether or not they are approved depends on the circumstances of the case.

Article 78 of the "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs" must not be released on guarantee pending further investigation for recidivists, principal offenders of criminal groups, criminal suspects who evade investigation by means of self-injury or self-harm, and criminal suspects of serious violent crimes or other serious crimes, except where the criminal suspect has the circumstances provided for in items 3 and 4 of the first paragraph of article 77 of these Provisions. Article 65 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 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.

During the period of release on bail, you are a suspect, and as long as the procuratorate wants to prosecute you, you will still be tried. So, it can't be opened at this time. At the end of the bail, just take your ID card, household registration book or a letter of introduction issued by the unit to the public security organ where you live!

If Shentong has been sentenced to 5 years in prison for violating the law, if he constitutes a recidivist, he cannot be released on bail again under normal circumstances, but if he is a woman who suffers from a serious illness, is unable to take care of herself, is pregnant or is breastfeeding her own baby, and the criminal who is released on bail pending trial will not be dangerous to society, he can still be released on bail.

[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 criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; 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 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.

Legal analysis: After the arrest is approved, you can apply for bail pending trial, but the five-year sentence is not expected to be granted.

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 inform criminal suspects or defendants in any of the following circumstances to release them 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 91: Where public security organs find that it is necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of taking them into custody. 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.

Article 98: Where a case in which a criminal suspect or defendant is in custody cannot be completed within the time limits provided for in this Law, such as investigation and detention, review for prosecution, or first-instance or second-instance trial, the criminal suspect or defendant shall be released; Where it is necessary to continue the investigation or trial, the criminal suspect or defendant may be released on guarantee pending further investigation or placed under residential surveillance.

Legal Analysis: General recidivism refers to criminals who have been sentenced to fixed-term imprisonment or higher, and who re-commit crimes that should be sentenced to fixed-term imprisonment or higher within 5 years after the completion of the sentence or pardon. If a person has been sentenced to a sentence of 5 years and has committed a crime, if he or she has committed a crime in a recidivist manner, he or she cannot be released on bail pending trial.

According to the provisions of China's Criminal Procedure Law, recidivism is not subject to release on bail pending trial, and recidivists will be sentenced to fixed-term imprisonment or higher, and will be again harmful to society.

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 breastfeeding their own infants, and should be released on guarantee pending further investigation as soon as possible to avoid 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 township public security organs that learn of a public security organ 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.

Where the sentence may be 5 years or more imprisonment, release on guarantee pending further investigation may be applied for if release on guarantee pending further investigation does not cause danger to society. Release on guarantee pending further investigation is a form of temporary detention of a criminal suspect by the relevant authorities. It is usually used for criminal suspects who have committed minor crimes that do not require detention or arrest, but require certain restrictions on their freedom of movement.

It is generally enforced by the public security organs. However, in order to be released on bail pending further investigation, the relevant actor needs to meet the relevant conditions and apply for release on guarantee pending further investigation in accordance with the corresponding release on guarantee pending further investigation, and after the application is successful, the actor also needs to comply with the corresponding provisions during the period of release on guarantee.

1. How to handle the formalities for release on bail pending further investigation.

1) The Criminal Procedure Law provides: "Detained criminal suspects or defendants, their legally-designated persons, and close relatives have the right to apply for release on guarantee pending further investigation." A lawyer hired by an arrested criminal suspect may apply for release on bail pending further investigation.

Applications for release on guarantee pending further investigation shall be in writing. Iwanaseki, who has the authority to make a decision on an application for release on guarantee pending further investigation, shall give a reply within 7 days of whether or not it agrees.

2) Where public security or judicial organs decide to release a criminal suspect or defendant on guarantee pending further investigation, they shall announce it to the criminal suspect or defendant, and they themselves are to sign the decision to release them on guarantee pending further investigation. After announcing release on guarantee pending further investigation, the people's procuratorate or people's court shall immediately send the written decision on release on guarantee pending further investigation and the notice of enforcement of release on guarantee pending further investigation to the public security organ responsible for enforcement, and inform the public security organ that if the public security organ intends to approve the criminal suspect or defendant to leave the city or county where he or she resides during the enforcement period, it shall obtain the consent of the people's procuratorate or people's court. Where the guarantee is made in the form of a guarantor, the written guarantee for release on guarantee pending further investigation shall also be sent to the public security organs at the same time.

3) 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.

4) Where the period for release on guarantee pending further investigation is completed or it is discovered that criminal responsibility of the criminal suspect or defendant should not be pursued, release on guarantee pending further investigation shall be promptly lifted or revoked. Where release on guarantee is about to expire, the enforcement organ shall notify the decision-making organ in writing 15 days before the completion of the time limit, and the decision-making organ is to make a decision to lift release on guarantee or modify the compulsory measures, and notify the enforcement organ in writing before the time limit is completed. Where a decision to lift or revoke release on guarantee pending further investigation, the public security organs shall be promptly notified, and the written decision to lift or revoke release on guarantee pending further investigation shall be sent to the criminal suspect or defendant; and shall also notify the guarantor to terminate the guarantee obligation.

5) Where a criminal suspect or defendant and his legally-designated person, close relatives, or a lawyer or other defender retained by a criminal suspect or defendant feel that release on guarantee pending further investigation has exceeded the legally-prescribed time period, and request that release on guarantee be lifted pending further investigation, the decision-making organ shall review and make a decision within 7 days.

All in all, we can understand that whether or not an application can be made by waiting for bail depends on the nature of the case itself. Approval can be confirmed only after certain conditions have been met in the disparaging segment. Therefore, not all trials that are granted bail are acceptable.

Whether a person who may be sentenced to five years can be released on bail pending further investigation depends on whether the conditions are met. According to article 67 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants 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 to a judgment of defeat, 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.

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 for 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.

2. Confiscation of bail pending further investigation.

1. Where a decision is made to confiscate a guarantee deposit, it shall, after strict review, report to the responsible person of a public security organ at or above the county level for approval, and issue a "Decision on Confiscation of Security Deposit". The authority to approve a decision to confiscate the amount of a guarantee deposit is the same as the authority to decide to order a criminal suspect to pay a guarantee deposit.

2. The decision to confiscate the guarantee deposit shall be read out to the criminal suspect within 7 days, and ordered to sign or affix a seal to the "Decision on the Confiscation of the Security Deposit".

3. Where the criminal suspect is at large, the public security organs shall read the decision to confiscate the guarantee deposit to the criminal suspect's family, legally-designated person, or unit within 7 days, and require his family, legally-designated person, or the responsible person of the unit to sign or affix a seal to the "Decision on Confiscation of Guarantee Deposit". Where their family members, legally-designated persons, or the responsible person for the unit refuse to sign or affix a seal, the public security organs shall note this on the "Decision to Confiscate Security Deposits".

4. After the public security organs decide to confiscate the criminal suspect's guarantee deposit, they shall promptly notify the designated bank to hand over the confiscated guarantee deposit to the state treasury in accordance with the relevant provisions of the state.

5. Where a criminal suspect is dissatisfied with the decision to confiscate the security deposit money, he may apply to the public security organ at the level above for a reconsideration within 15 days of receiving the "Decision on Confiscation of Security Deposit".

6. The public security organ at the level above shall make a reconsideration decision within 30 days of receiving the application for reconsideration. Where, after reconsideration, the higher-level public security organ decides to revoke or modify the decision to confiscate the guarantee deposit, the lower-level public security organ shall enforce it.

7. Where a criminal suspect is ordered to pay a new guarantee deposit, it is to be handled in accordance with the procedures of these Provisions for ordering the criminal suspect to pay a guarantee deposit.

Summary. You can apply for bail pending trial, and of course, you must consider the nature of the crime. If the following conditions are met, release on bail may be processed.

Release on bail pending further investigation does not exclude persons with criminal records, and whether or not you can apply for bail pending further investigation depends on the nature of your crime. 1.and may be sentenced to controlled release, short-term detention, or independently applying supplementary punishments.

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 infants, will not be a danger to society if they are released on bail pending further investigation. 4.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.

You can apply for bail pending trial, and of course, you must consider the nature of the crime. If the following conditions are met, release on bail may be processed. Release on bail pending further investigation does not exclude persons with criminal records, and whether or not you can apply for bail pending further investigation depends on the nature of your crime.

1.and may be sentenced to controlled release, short-term detention, or the independent application of 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 infants, will not be a danger to society if they are released on bail pending further investigation.

4.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. Wax mold.

What crime is it suspected of?