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Anonymous users2024-02-13Release on guarantee pending further investigation refers to a compulsory measure taken by the investigating organ ordering a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he or she will not evade or obstruct the investigation, and to be available at any time. If it has been clearly stated that release on guarantee pending further investigation is lifted, it has already been clearly stated that criminal responsibility should not be pursued. The statement does not constitute a criminal offence.
Article 94 of the Criminal Procedure Law stipulates: "If the people's courts, people's procuratorates and public security organs discover that compulsory measures have been taken against a criminal suspect or defendant improperly, they shall promptly revoke or modify them. ”
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Anonymous users2024-02-12Summary. Hello dear, happy to answer your <>
If the bail is released pending further investigation, but the case is not concluded, the parties should be released immediately, and there is no provision on when the case will be concluded, and if criminal responsibility is not pursued, the public security organs will withdraw the case. 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.
The bail was released pending trial, but the case was not closed.
Hello dear, happy to answer your <>
If the bail has been lifted pending further investigation, but the case has not been concluded, the person involved should be released immediately, and there is no provision on when the case will be closed, and if criminal responsibility is not pursued, the public security organs will withdraw the case. 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.
When 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 banking unit shall be promptly notified.
Legal Analysis: According to the regulations, after the release on bail pending further investigation, but the case was not concluded, the public security organ or the procuratorate did not have sufficient evidence to determine that the suspect participated in the crime, so they would not pursue the suspect's criminal responsibility until there was new evidence. The effect of the release on bail pending trial is that the case is still in the process of criminal proceedings, and whether or not to pursue the crime depends on the circumstances.
Legal basis: Article 79 of the Criminal Procedure Law of the People's Republic of China: 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 a person under 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. Article 163: Where, in the course of investigation, it is discovered that criminal responsibility should not be pursued for criminal responsibility, the case shall be withdrawn; Where the criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that approved the arrest shall be denied.
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Anonymous users2024-02-11Legal Analysis: If it has been clearly stated that when release on bail pending further investigation is lifted, it has been clearly stated that criminal responsibility should not be pursued. No criminal liability will be pursued.
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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Anonymous users2024-02-10Legal Analysis: Bail pending trial without criminal responsibility can be lifted. During the period of release on guarantee pending further investigation, 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 has expired, release on guarantee pending further investigation shall be promptly lifted. When release on guarantee pending further investigation is lifted, the person released on guarantee and the relevant units shall be promptly notified.
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 person might be sentenced to controlled release, short-term detention, or independently applied an additional sentence; 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.
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Anonymous users2024-02-09Legal analysis: One year has passed since the release on bail pending further investigation, and the public security organs have not lifted the bail pending further investigation, which is suspected of violating the rules. Criminal Procedure Law 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.
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 6: People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending trial, shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.
After you are released on bail pending trial, the decision-making authority will tell you what to do, as long as you don't violate the rules.
Where a party is released on guarantee pending further investigation, it does not necessarily mean that the criminal case involved has been withdrawn and filed, and the party may still be held criminally responsible. >>>More
If not prosecuted, the case should be closed.
The public security organs should not release them on guarantee pending further investigation. >>>More
The period of release on bail pending trial is one year, and there is no news after 7 months, which does not mean that the public security organs have withdrawn the case, because you are stealing your own property, so it is generally reduced or exempted from criminal punishment (depending on the amount of your theft and the consequences of the impact!).The fine is certain, so just wait! If the evidence is insufficient and the facts are unclear, the public security organs are required to supplement the investigation, and if the public security organs withdraw the case, they will notify you.
When release on bail pending further investigation, the guarantor is not required to sign it together. When release on guarantee pending further investigation is lifted, the case-handling organ usually announces it to the person released on guarantee pending further investigation, and serves a written decision to release release on guarantee pending further investigation. At the same time, the guarantor's guarantee liability is naturally discharged. >>>More