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Anonymous users2024-02-16There are several possibilities for being released from criminal detention: direct release after investigation that does not constitute a crime; After investigation, he should not bear criminal responsibility in accordance with the law; Where a crime is constituted upon investigation, but release on guarantee pending further investigation does not cause danger to society, formalities for release on guarantee pending further investigation are to be handled; Where the public security reports to the procuratorate for approval of arrest, but the procuratorate does not approve the arrest, the public security is to handle release on guarantee pending further investigation or residential surveillance.
The law stipulates: Article 161 of the Criminal Procedure Law of the People's Republic of China Where, in the course of investigation, it is discovered that the criminal suspect should not be pursued for criminal responsibility, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.
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.
Article 72: People's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under residential surveillance in any of the following circumstances who meet the requirements for arrest:
1) Suffering from a serious illness and unable to take care of themselves;
2) Women who are pregnant or breastfeeding their own infants;
3) is the sole supporter of a person who is unable to take care of himself;
4) Because of the special circumstances of the case or the needs of handling the case, it is more appropriate to employ residential surveillance;
5) The period of detention is complete, the case has not yet been completed, and it is necessary to employ residential surveillance.
Where the requirements for release on guarantee pending further investigation are met, but the criminal suspect or defendant is unable to provide a guarantor or pay a guarantee deposit, residential surveillance may be met.
Residential surveillance is carried out by the public security organs.
Article 89: 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 him 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.
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Anonymous users2024-02-15In the case of criminal detention, a guarantor or a guarantee deposit may be submitted for release on bail pending further investigation, and in the case of administrative detention, the execution must be completed before release.
Public prosecution? You should be in harmony with the police handling the case, and the police can help talk about this kind of trivial matter, and it won't be a lot of money. How are minor injuries determined? >>>More
The crime of picking quarrels and provoking troubles is punishable by up to five years imprisonment, short-term detention or controlled release. If they are sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release, they may be given a suspended sentence. As for whether or not to give a suspended sentence, the judgment should be made on the basis of the criminal suspect or defendant's own attitude of admitting guilt, whether he is a recidivist, as well as the role he played in the entire course of the act, the severity of the circumstances, and so forth.
Be sure to avoid head-on conflicts, simply put, "admit intimidation", the other party must have sufficient confidence in looking for you, first of all, there are several times more in the number of people. >>>More
The conditions for the application of a suspended sentence have nothing to do with whether the other party forgives, and whether a suspended sentence can be given depends on whether the conditions are met >>>More
The police station is not the prosecution, they just arrest people and hand them over to the procuratorate, and the cause of the case is not carefully examined. Finally, the procuratorate determines the cause of action for prosecution. So it doesn't matter what the police station reports, this doesn't affect anything.