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It's hard to say that the situation is unclear, and legally speaking, if you are referring to the parties involved in the case, you should not.
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Of course, this is a no-no. The person concerned in this case was not allowed to apply for bail pending further investigation.
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The people involved in the case were all suspects before the case was concluded, so they could not sign for other suspects to take a call pending trial.
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If not, the application for release on guarantee pending further investigation must be unrelated to the case and have the capacity for civil conduct.
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I don't think this can be done, you can find someone else to do it. It's also okay to get a lawyer**.
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Under normal circumstances, persons related to this case are not allowed to sign for bail pending further investigation for the suspect.
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According to the relevant laws and regulations, persons related to this case are not allowed to sign for the suspect to apply for bail pending further investigation. Only relatives who have nothing to do with the case can handle this matter.
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I come to this question, can the person involved in this case go and sign for the suspect to be released on bail pending trial? I don't think this is permissible and must be recusal.
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Can a person involved in this case go and sign for bail pending further investigation for the suspect? Persons related to this case can go and sign for the homophonic person and apply for bail teaching.
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The person involved in this case can go to sign for the suspect and release him on bail pending trial after handling it, but it depends on what you have to do with this case, and if it doesn't have much to do with it, it should be okay.
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Not necessarily, release on bail is only a coercive measure, not a criminal punishment. The key is to see whether the court makes a judgment on guilt or innocence, whether the crime is serious or minor, and whether criminal responsibility is pursued after the expiration of the period of release on bail pending trial.
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 criminal suspect or defendant may be sentenced to controlled release, short-term detention, or an additional sentence may be independently applied; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would 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 taking release on guarantee pending further investigation will not cause danger to society; (4) 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 deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to carry out hail and stop the guarantor or pay a guarantee deposit.
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For example, if the court requests release on guarantee pending further investigation, the court and the public security organ shall sign, and the procuratorate and the public security organ shall sign if the procuratorate proposes it.
1. Is the party released on bail awaiting further investigation signing?The signature of the parties is not required for release on bail pending further investigation. Depending on the specific circumstances, the court and the public security organ shall sign the case where the court orders release on guarantee pending further investigation, the procuratorate and the public security organ shall sign if the procuratorate orders release on guarantee pending further investigation, and the public security organ shall sign if the public security organ orders release on guarantee pending further investigation. Article 66 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates, and public security organs may, on the basis of the circumstances of the case, custodial summons, release on guarantee pending further investigation, or residential surveillance against criminal suspects or defendants.
2. Is there a high chance that a suspended sentence will not be granted for release on bail pending trial? The chance of not being arrested for probation will be greater, but it is not inevitable, because it is difficult to say how likely a suspended sentence will be if the sentence is given after release on bail. 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. Release on bail is not directly related to the verdict.
It is reminded that if the public security organ finds that the people's procuratorate's decision not to approve the arrest is in error, it may request a reconsideration, but the detained person must be released immediately. If the opinion is not accepted, a request for review may be submitted to the people's procuratorate at the level above. The higher-level people's procuratorate shall immediately review it, make a decision on whether to change it, and notify the lower-level people's procuratorate and public security organs to enforce it.
3. The circumstances of release on bail pending further investigationCriminal suspects or defendants in any of the following circumstances may be released on guarantee pending further investigation:
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 would not cause danger to society;
Essay Song 3Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society;
4.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.
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The application for release on bail pending further investigation will only be effective if it is specifically required by law to be signed by the relevant personnel. The application for release on guarantee pending further investigation needs to be signed by a close relative if it is applied for by a close relative, and it needs to be signed by a defense lawyer if it is applied by a defense lawyer. Depending on the specific circumstances, the court and the public security organ shall sign the case where the court orders release on guarantee pending further investigation, the procuratorate and the public security organ shall sign the case where the procuratorate orders release on guarantee pending further investigation, and the public security organ shall sign the case if the procuratorate orders release on guarantee pending further investigation.
1. How to go through the process of release on bail pending further investigation.
1) Application for release on bail pending further investigation.
Criminal suspects or defendants and their legally-designated persons, close relatives or defenders have the right to apply to the people's courts, people's procuratorates or public security organs for release on guarantee pending further investigation.
Applications for release on guarantee pending further investigation shall be in writing.
2) The decision to release on bail pending further investigation.
After the public security organs, people's procuratorates, and people's courts receive an application for release on guarantee pending further investigation, they shall make a reply within 7 days of whether they agree or not. Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, it shall be reported to the responsible person at a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval, and a "Decision on Release on Guarantee Pending Investigation" and a "Notice of Enforcement of Release on Guarantee Pending Investigation" shall be signed and issued, and the criminal suspect or defendant shall be ordered to provide a guarantor or pay a guarantee deposit.
and where the legally-prescribed requirements for release on guarantee pending further investigation are not met, release on guarantee pending further investigation is not granted. Where they do not agree to release on guarantee pending further investigation, they shall inform the applicant and explain the reasons for not agreeing.
In addition, the judicial organs may, according to the needs of the case, decide on their own to release on bail pending further investigation.
3) Enforcement of release on bail pending further investigation.
The enforcement organ for release on guarantee pending further investigation is the public security organ. When enforcing the law, the public security organs shall read the "Decision on Release on Guarantee Pending Investigation" to the criminal suspect or defendant, and have them sign or affix a seal, informing them of the provisions they shall comply with during the period of release on guarantee. Where a criminal suspect or defendant has not violated article 56 of the Criminal Procedure Law during the period of release on guarantee pending further investigation, after the period of release on guarantee is completed, the public security organ responsible for enforcement shall return the guarantee deposit to the criminal suspect or defendant and inform the guarantor to release the guarantee.
Article 66 of the Criminal Procedure Law provides that the people's courts, people's procuratorates and public security organs may, on the basis of the circumstances of the case, custodial summons, release on guarantee pending further investigation, or place the criminal suspect or defendant under surveillance.
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Do I have to sign my family to go to the police station to apply for bail pending trial? To handle release on bail pending further investigation, the family members go to sign and then hand it over to the police station, indicating that the release on bail pending further investigation has been successfully handled. When the family members sign, they sign as a guarantor.
According to article 68 of the Criminal Procedure Law, when a people's court, people's procuratorate, or public security organ decides to release a criminal suspect or defendant on guarantee pending further investigation, they shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.
Where the period is about to expire, the enforcement organ shall notify the decision-making organ in writing 15 days before the completion of the time limit, and the decision-making organ is to make a decision to lift release on guarantee pending further investigation or modify the compulsory measures, and notify the enforcement organ in writing before the time limit is completed. After the enforcement organ receives the decision-making organ's "Decision to Lift Release on Guarantee Pending Trial" or a notice of modification of the compulsory measures, it shall immediately enforce it, and promptly notify the decision-making organ 2Where the person released on guarantee does not violate the provisions of article 56 of the Criminal Procedure Law during the period of release on guarantee, nor does he intentionally commit another crime, the enforcement organ at the county level or above shall draft a "Decision to Return the Guarantee Deposit" at the same time that the release on guarantee is lifted, the compulsory measures are modified, or the criminal punishment is enforced.
Notify the bank to return the deposit in full and notify the decision-making authority in writing. The enforcement organ shall promptly announce the decision to return the guarantee deposit to the person released on guarantee, and notify them in writing to collect the returned guarantee deposit from the bank.
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Yes. In accordance with the provisions of the relevant laws of our country, after the people's procuratorate approves the arrest of a suspect, the person concerned is to be released on bail pending further investigation, the procuratorate shall approve it and the public security organ shall enforce it.
Appeal to the 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 would 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 taking release on guarantee pending further investigation will not cause danger to society;
(4) 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 deciding 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.
1. What is the procedure after the procuratorate approves the arrest.
1. Scope of cases accepted and cases**: The scope of criminal cases directly accepted by the people's procuratorate shall be implemented in accordance with the provisions of paragraph 2 of article 13 of the Criminal Procedure Law and the division of labor between the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on the scope of case jurisdiction.
2. Review and filing before case filing: The people's procuratorate shall promptly review the illegal and criminal materials that are accused, reported, surrendered, transferred, transferred, and discovered by themselves, and handle them separately.
3. Investigation: In cases that are filed and investigated, an investigation plan shall be drafted and implemented after approval by the competent section, division chief, or chief procurator. The contents of the reconnaissance plan include:
The problems that should be ascertained and the clues to be pursued, the methods, steps, measures, time, precautions, and the division of responsibilities of the personnel involved in the investigation, etc.
4. Conclusion of investigation: For cases that have already been investigated, the undertaker should write a "Report on the Conclusion of Investigation", and submit an opinion on initiating a public prosecution, or waiving Bi Ming's prosecution or withdrawing the case, and for defendants who do not constitute a crime in a joint crime case, an opinion on non-prosecution should be submitted. After the chief procurator or the procuratorial committee reviews and decides, they are to draft an "Indictment", "Decision to Waiver Prosecution", "Decision not to prosecute", and "Decision to withdraw the case" and report to the people's procuratorate at the level above for filing in accordance with provisions.
Give up halfway (Le Yang) Be law-abiding (Zhao Hao) Old Horse Knows the Way (Guan Zhong.
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