Can the unit be relieved of being released on bail pending trial after being arrested for doing thin

Although the employee is arrested and released on bail pending further investigation, the employer cannot terminate the employment contract on the grounds that the employee has been held criminally liable. Because although an employee has been released on bail pending further investigation, it has not yet constituted a crime and is not subject to criminal liability if the employee has not been tried by the people's court in accordance with the law, so the employer cannot terminate the labor contract because the employee has been released on bail pending further investigation.

Article 65: 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.

Labor Contract Law of the People's Republic of China

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

If it constitutes an offence, it may be possible to be dismissed.

Release on bail pending further investigation"It refers to the implementation of certain restrictions on the liberty of suspected criminals during the investigation phase of a criminal case due to insufficient evidence or other reasons, and at the same time requiring them to report to the case investigation organ within a specified time and abide by certain codes of conduct, such as not leaving a designated place or contacting specific persons.

Generally speaking, if the criminal suspect is quietly released on bail pending trial, the public security organs will handle the case according to the specific circumstances of the case, and may take one of the following measures:

2.Supplemental investigative materials: If there is sufficient evidence to point to the suspect, but further evidence is still needed to support the allegations, the police may continue to conduct supplementary investigations to provide more adequate evidence.

3.Revocation of bail pending further investigation: If the police believe that the suspect no longer poses a danger or that there is sufficient evidence to establish the suspect's guilt, the police may revoke the bail and transfer the suspect to the procuratorate or court.

4.Re-release on bail pending further investigation: If the police believe that the suspect still poses a danger or needs further investigation, the police may re-release the suspect on bail pending further investigation.

In short, the public security organs will take appropriate measures to deal with criminal suspects released on bail pending further investigation according to the specific circumstances of the case.

Release on bail pending trial does not mean that there is no need to go to jail, but that detention and arrest will not be carried out for the time being, and whether or not to go to prison depends on the final verdict of the court. 1. Where arrest is not approved, the people's procuratorate shall explain the reasons, and if it is necessary to supplement the investigation, it shall notify the public security organ at the same time. 2. Where the people's procuratorate does not approve the arrest, the public security organs shall immediately release them after receiving the notice, and promptly notify the people's procuratorate of the execution situation.

For those who need to continue the investigation and meet the requirements for release on guarantee pending further investigation or residential surveillance, they are to be released on guarantee pending early trial or residential surveillance in accordance with law.

Code of Criminal Procedure

Article 67.

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 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.

The bail is to be carried out by the public security organs.

The law is divided into different aspects: Persons released on bail pending trial are criminal suspects and belong to the period pending judgment. In this case, the original position can be treated differently, if it is an ordinary person, he is a suspect before the conviction, and the statutory conviction has not been completed, that is to say, he cannot be called a criminal.

It is possible to temporarily leave the job untouched. Personnel in important positions may be dismissed, dismissed, or dealt with by party discipline, and in particular, cadres under the control of the party can be dealt with organizationally. Even if he is still a criminal suspect during the trial period, the violation of discipline or law is certain, so it is in accordance with the procedure to deal with it first.

However, if the dismissal from public office is not based on the judgment, if the enterprise manager is a state-owned enterprise, it is applicable to public employees, and if it is a private enterprise, it shall be handled in accordance with the provisions of the company's articles of association.

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.

If the conditions for release on guarantee pending further investigation are met after the criminal punishment has been commuted, the public security organs may handle the release on bail pending further investigation. In accordance with the relevant provisions 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 who may be sentenced to controlled release, short-term detention or independently applied supplementary punishments, or who may be sentenced to fixed-term imprisonment or higher, and whose release on guarantee pending further investigation will not cause danger to society.

Legal basis] Article 67 of the Criminal Law of the People's Republic of China.

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 the use of release on guarantee pending further investigation will not cause a danger to society;

3) Pregnant women who suffer from serious illness, 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.

1. Where a case is filed and investigated by a judicial organ for suspected recidivism during the period of release on guarantee pending further investigation, the enforcement organ shall temporarily withhold the guarantee deposit they paid, and decide whether to confiscate the guarantee deposit after the people's court's judgment takes effect.

Where a crime is intentionally re-committed, the guarantee deposit shall be confiscated; Where negligence is re-committed or does not constitute a crime, the guarantee deposit shall be returned.

2. Where a person released on guarantee violates provisions, the criminal suspect or defendant may also 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, depending on the circumstances.

3. Where a person released on guarantee violates the provisions on release on guarantee pending further investigation and has their guarantee deposit confiscated in accordance with law, but the public security and judicial organs still decide to release him on guarantee pending further investigation, the period for release on guarantee shall be calculated consecutively.

Article 71 of the Criminal Procedure Law, where a criminal suspect or defendant released on guarantee pending further investigation violates the provisions of the preceding two paragraphs by paying a guarantee deposit;

Confiscate part or all of the guarantee deposit, and order the criminal suspect or defendant to make a statement of repentance, pay a new guarantee deposit, provide a guarantor, or place them under residential surveillance, or arrest them, depending on the circumstances.

Where the provisions on release on guarantee pending further investigation are violated and it is necessary to make a preliminary arrest, the criminal suspect or defendant may be detained in advance.