If I settle with the other party during my criminal detention, can I be released on bail?

Updated on society 2024-08-14
4 answers
  1. Anonymous users2024-02-16

    During the period of criminal detention, where the two parties reach an agreement on civil compensation, and the understanding of the victim or family is reached, and the conflict is resolved, they may apply to the case-handling unit for release on guarantee pending further investigation in accordance with law on the basis of the victim's or family's letter of understanding, compensation agreement, and so forth, and in such cases, the case-handling unit will generally approve it.

    Legal link: "Criminal Procedure Law" 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.

  2. Anonymous users2024-02-15

    Legal Analysis: During criminal detention, if the families agree to settle and both parties agree, the case will change. 1. It should be noted that the settlement between the two parties can help the suspect reduce certain criminal responsibility, but it also needs to be carried out in accordance with legal procedures.

    2. If the case meets the requirements for the rollover of criminal settlement procedures, the punishment may be lighter than that of a normal case, but the public security organs still need to transfer the case to the procuratorate. If the conditions are met, the procuratorate may not prosecute; If the conditions for non-prosecution are not met, the procuratorate may also submit a recommendation for a lenient punishment and reduce the outcome of the punishment.

    Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 82 The public security organs may detain current offenders or major suspects in advance if Dabi has any of the following circumstances:

    1) Those who are preparing to commit a crime, committing a crime such as a crime, or being discovered immediately after committing the crime, (2) The victim or a person who witnessed the crime at the scene identified him as committing the crime, (3) Discovering evidence of a crime near him or at his residence, (4) Attempting suicide, escaping, or being at large after committing the crime, (5) There is a possibility of destroying or fabricating evidence, or colluding confessions, (6) Failure to tell his or her real name or address, and whose identity is unclear, (7) There is a major suspicion of committing a crime on the run, committing a crime multiple times, or committing a crime in a group.

  3. Anonymous users2024-02-14

    Criminal detention can be reconciled, but with conditions. China's Criminal Procedure Law stipulates that if a criminal suspect or defendant sincerely repents of the crime and obtains the victim's forgiveness by compensating the victim for losses, making a formal apology, etc., and the victim voluntarily reconciles, both parties may settle with Kai.

    Legal basis: In the following public prosecution cases under article 288 of the Criminal Procedure Law of the People's Republic of China, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, the parties may settle: (1) Where a criminal case is suspected of being provided for in Chapters 4 or 5 of the Criminal Law's Specific Provisions due to a civil dispute, and a sentence of up to three years imprisonment might be given; (2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

    Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

  4. Anonymous users2024-02-13

    There are three types of detention under the current laws of our country: criminal, administrative and judicial. As a coercive measure restricting personal liberty, there is a strict distinction between criminal detention and the latter two types of detention.

    1) The difference between criminal detention and administrative detention: (1) The objects to which they are applied are different. Criminal detention is a compulsory method adopted by the public security organs to temporarily restrict personal liberty of current criminals or major suspects in the course of investigation in the event of an emergency, while administrative detention is applicable to persons who generally violate the law; (2) The nature of the law is different.

    Criminal detention is not punitive, but only a temporary safeguard measure, and administrative detention is a punishment; (3) The purpose is different. The purpose of criminal detention is to ensure the smooth conduct of criminal proceedings, while administrative detention is to punish and educate persons who have generally violated the law; (4) The duration of detention is different. Ordinary criminal detention must not exceed 14 days, and the period of detention for major suspects who have committed crimes on the loose, committed multiple crimes, or committed crimes in groups must not exceed 37 days, while the maximum period of administrative detention is 15 days.

    2) The difference between criminal detention and judicial detention: (1) The applicable objects are different. As mentioned above, criminal detention is only applicable to current offenders and serious suspects in criminal cases, while judicial detention is applicable to perpetrators who obstruct the order of civil proceedings in civil proceedings; (2) The mechanism used is different.

    Criminal detention of file rents is to be decided by the public security organs and people's procuratorates in accordance with law, and enforced by the public security organs, while judicial detention is decided by the people's courts and enforced by the judicial police of the people's courts, and handed over to the custody of the public security organs; and (3) the relationship with the judgment is different. In the case of criminal detention, the period of detention may be deducted from the sentence, and there is no relationship between judicial detention and the outcome of the sentence; (4) The term is different. The duration of judicial detention is up to 15 days, as is administrative detention.

Related questions
8 answers2024-08-14

After a criminal suspect is criminally detained, he or she can ask a lawyer to intervene. >>>More

11 answers2024-08-14

Criminal detention is possible. As long as it is identified as a minor injury, it will be troublesome, and it has already violated the criminal law, which is enough to pursue criminal responsibility. This is already troublesome, if you don't call the police at that time and solve it privately, it's okay to say, but now it's troublesome, after the detention, the family should be notified, and the notice should prove that it was sent by the public security organs. >>>More

8 answers2024-08-14

In this case, your friend is guilty of a traffic accident and is punishable by imprisonment for up to three years or less or criminal detention. >>>More

11 answers2024-08-14

Of course, the criminal detention is serious, and this criminal detention is basically to be sentenced, commonly known as imprisonment, and it will be a criminal record in the future, which will be affected in many ways. >>>More

4 answers2024-08-14

Generally speaking, the detention period for persons suspected of criminal detention by the public security organs is 14 days, and the maximum detention period for major suspects who have committed crimes on the go, repeatedly committing crimes, or committing crimes in groups is 37 days. However, after the expiration of criminal detention, the procuratorate and public security organs may modify the criminal coercive measures, such as approving arrest. The actual length of detention of suspects is often much longer than the length of detention. >>>More