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If the person released on bail fails to follow the undecided report, and has other illegal acts, escapes, etc., the security deposit should not be returned.
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The traffic police force's drunk driving deposit will be refunded within 12 months after the end of the bail pending trial. If a criminal suspect is released on guarantee pending further investigation, and no circumstances prohibited by law occur, the public security organ shall return the guarantee deposit to the criminal suspect at the same time as the release on guarantee pending further investigation. Article 72 of the Criminal Procedure Law: The organ making the decision on release on guarantee shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that may be given, and the economic status of the person released on guarantee, to determine the amount of the guarantee deposit.
The person providing the guarantee deposit shall call the deposit into a special account at the bank designated by the enforcement organ. Article 73 of the Criminal Procedure Law: Where a criminal suspect or defendant does not violate the provisions of Article 71 of this Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee, he or she shall go to the bank to collect the returned guarantee deposit on the basis of the notice of release on guarantee pending further investigation or relevant legal documents.
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Legal Analysis: It can be returned, but it is based on performance during the period of release on bail. According to the provisions of the Criminal Procedure Law, the judicial authorities will make a decision to return or confiscate all the security deposits in criminal proceedings according to the different behaviors of the criminal suspect or defendant during the period of release on bail pending further investigation.
Specifically, if the criminal suspect violates the obligation of guarantee, the judicial organ shall draft a decision to confiscate the guarantee deposit and serve it on him, and the guarantee deposit he has already paid shall be turned over to the state treasury in accordance with the law as fine income, and the receipt shall be attached to the case file for future reference. The other is where the criminal suspect or defendant has not violated the guarantee obligation while awaiting further investigation, the aforementioned organs are to return the entire guarantee deposit to him after the release on guarantee is completed.
Legal basis: Article 72 of the "Criminal Procedure Banquet Law of the People's Republic of China" The organ making the decision on release on guarantee pending further investigation shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that may be given, and the economic status of the person released on guarantee, and determine the amount of the guarantee deposit. The person providing the guarantee deposit shall deposit the guarantee deposit into a special account at the bank designated by the enforcement organ.
Article 73 of the Criminal Procedure Law of the People's Republic of China: Where a criminal suspect or a registered defendant does not violate the provisions of Article 71 of this Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee, the criminal suspect or the defendant on the record shall go to the bank to collect the returned guarantee deposit with the notice of release on guarantee pending further investigation or relevant legal documents.
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