Is it possible to be detained in criminal custody and released on bail pending further investigation

Hello, the other party's intentional injury has caused a serious injury and a minor injury, generally should be sentenced within the range of fixed-term imprisonment of not less than three years but not more than seven years, and the condition for release on bail pending trial is that it may be sentenced to less than three years imprisonment, release on bail pending trial will not endanger the society, if the other party does not compensate for medical expenses, this situation should not be released on bail pending trial, you can go to the case-handling organ to reflect the situation. In addition, you have the right to file a civil lawsuit attached to the criminal case against the other party, demanding that the other party compensate you for medical expenses, lost work expenses and other related losses. The materials can be sent directly to the public security and law enforcement organs.

However, in criminal cases, the public security organs generally collect evidence, and if you have any objections, you can explain the situation to the investigating authorities and request the collection of relevant evidence.

In this case, the case should be filed and investigated as the crime of intentional injury, and where someone intentionally injures another person and causes serious injury, the sentence is between 3 and 10 years imprisonment; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

The public security organs shall decide whether to release the criminal suspect on guarantee pending further investigation on the basis of the degree of the criminal suspect's crime and his danger to society, and if in the course of criminal investigation, the public security organs ascertained that the circumstances of the criminal suspect's crime were relatively minor and that the use of release on guarantee pending further investigation would not cause danger to society, they may release the suspect on guarantee pending further investigation.

You are right to be convicted of intentional injury in this case. As long as the release on bail does not endanger society again, you can be released on bail pending trial, and you can file a civil lawsuit attached to the criminal case for medical expenses.

This kind of thing should not be bailed

Legal Analysis: Sufficient if the conditions are met. "Release on guarantee pending further investigation" refers to a compulsory measure where, in the course of criminal proceedings, a criminal suspect or defendant or other relevant persons prescribed by law submit an application, and upon the consent of the people's court, people's procuratorate, or public security organ, order the criminal suspect or defendant to submit a guarantor or pay a guarantee deposit to ensure that the criminal suspect or defendant does not evade or obstruct the investigation, prosecution, or trial, and to be summoned with them.

Legal basis: 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) Those who might be sentenced to controlled release, short-term detention, or are independently applying supplementary punishments;

2) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not result in starvation and social danger to extinction;

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.

Legal Analysis: Those who meet the statutory requirements for release on guarantee pending further investigation during the period of detention in a criminal case may be released on bail pending further investigation, and release on guarantee pending further investigation in accordance with relevant laws and regulations refers to the fact that, in the course of criminal proceedings, the criminal suspect or defendant or other relevant persons who pretend to be in the bureau under the law submit an application for a lack of information, and with the consent of the people's court, people's procuratorate, or public security organ, order the criminal suspect or defendant to submit a guarantor or pay a guarantee deposit to ensure that the criminal suspect or defendant does not evade or obstruct the investigation, prosecution, and trial. And a coercive measure that comes with it.

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 person might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (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 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.

You can find a lawyer to meet first and consider what to do next.

OK. Article 65 of the Criminal Procedure Law clearly stipulates that 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 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 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 and residential surveillance are to be enforced by the public security organs.

Article 52.

Detained criminal suspects or defendants, their legally-designated persons, and close relatives have the right to apply for release on guarantee pending further investigation.

Article 53.

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.

Article 54.

The guarantor must meet the following criteria:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

2) enjoy political rights and have not had their personal liberty restricted;

4) Have a fixed place of residence and income.

In accordance with article 78 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs".

Recidivists, principal offenders of criminal groups, criminal suspects who have escaped investigation by means of self-injury or self-harm, and criminal suspects of serious violent crimes or other serious crimes must not be released on guarantee pending further investigation, except where the criminal suspect has the circumstances provided for in items (3) (3) of the first paragraph of article 77 of these Provisions, and women who are unable to take care of themselves, who are pregnant or breastfeeding their own infants, and whose 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 continue the investigation. 】。

According to Article 38 of the Supreme People's Procuratorate Rules: The People's Procuratorate shall not release on bail pending further investigation of criminal suspects who seriously endanger public order, as well as other criminal suspects whose crimes are heinous in nature and the circumstances are serious.

Of course, you can at any stage, but the key depends on whether you meet the conditions for release on bail pending trial.