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After more than one year of release on guarantee pending further investigation, if the compulsory measures are not modified, and there is no time for the case to be concluded without a conclusive conclusion, the case may be closed by a request to the public security organs. Because the time of release on bail pending trial is not more than one year.
Article 77 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed a maximum of 6 months.
During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted. Where release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.
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Hello, I'm in the same situation as you, and I've been locked up for 37 days, can I consult you about something?
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The period of release on bail is 12 months.
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The first state compensation no way is very simple, there is no actual detention. Second, the cost of release on bail pending further investigation will naturally be refunded only when the public security organ makes a decision to lift the bail. Thirdly, the money refunded to the other party only belongs to you and voluntarily pushed it to the other party, so you can't go to the police, you can only file a civil lawsuit with the court.
The public security organ said that only after returning the money can you be released on bail pending trial, do you believe it? You can only be blamed for being stupid. If you are not satisfied with the procedures of the public security organs, you can go to their internal organs, and if they have a tough attitude, you can go to the higher-level public security organs, which are the provincial public security organs.
If there is anything you don't understand, ask again.
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As far as these official things are concerned, you can't do anything without spending money.
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The Code of Criminal Procedure stipulates that the maximum period of release on bail pending trial is 12 months. When did you start your release on bail? How long will it take for you to be released on bail? Is it PICC or financial insurance?
After the expiration date, the public security organ shall go through the formalities of "lifting the bail pending further investigation" for you, and if it is a financial guarantee, the guarantee deposit shall be returned. If you don't, it's procedurally illegal.
A request for compensation from the public security organ may be submitted to the discipline inspection department at the same level, the public security organ at the level above, or the discipline inspection department at the level above, together with an appeal and accusation.
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Legal analysis: The case has not yet been concluded, that is, the criminal case has not yet been tried and concluded, but the suspect has been detained for more than the time limit prescribed by law, in order to prevent the suspect from being detained beyond the limit for a long time, and the suspect can no longer be detained in accordance with the law, and can be released on bail pending trial. However, this does not mean that you will no longer be held criminally responsible, and you must ensure that you are ready to attend court at any time.
In the end, it is up to the court to determine the sentence.
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 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 68: 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.
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Legal analysis: 1. If the decision-making authority for release on guarantee pending further investigation makes a decision to lift the release on guarantee, the compulsory measures for release on guarantee pending further investigation of the person released on guarantee pending further investigation shall be lifted and the deposit may be returned. Whether or not to continue handling the case is to be decided by the organ accepting the case in accordance with law.
2. If the decision-making organ for release on guarantee makes a decision to modify the compulsory measures, such as changing them to compulsory measures such as residential surveillance, the decision-making organ for release on guarantee pending further investigation is to notify the person released on guarantee to go through the formalities for modifying the compulsory measures; Notify the enforcement organ of the decision to modify the compulsory measures for release on guarantee pending further investigation, and the enforcement organ is to return the guarantee deposit. Where compulsory measures are modified, the investigation, prosecution, or trial of the case must not be suspended. 3. If the organ accepting the case decides to continue release on guarantee pending further investigation, it shall make a new decision to release on guarantee pending further investigation, and continue to use a guarantee deposit to release the person on guarantee pending further investigation.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 67: 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 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 68: 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 that the suspect or defendant submit a guarantor or pay a guarantee deposit if they learn of the crime.
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The conditions for the application of "release on bail pending further investigation" in cases that have not yet been concluded are that Qi Defeat may be sentenced to controlled release, short-term detention, or independently applying a supplementary sentence, and the following circumstances exist: a sentence of fixed-term imprisonment or higher may be imposed, and the adoption of bail pending further investigation will not cause danger to society; 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 bail pending further investigation will not be a danger to society; The period of detention is complete, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation. The relevant authorities may consider it at their discretion.
The provisions of China's "Criminal Procedure Law" are as follows: Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation under any of the following circumstances: (1) Where a criminal suspect or defendant may be sentenced to controlled release, short-term detention, or an additional punishment may 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) The period of detention is complete, and 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.
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