Can the principal offender of illegal detention be released on bail pending further investigation?

In the case of meeting the requirements for release on guarantee, they may be released on guarantee pending further investigation.

Conditions for release on bail pending further investigation as stipulated in the Criminal Procedure Law:

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.

It is also possible in light of the specific circumstances of the case.

Legal analysis: 1. The criminal suspect or defendant and his legal ** person and close relatives submit an application for release on bail pending further investigation to the case-handling organ; 2. After receiving an application for release on guarantee pending further investigation, the case-handling organ shall make a reply within 7 days of whether or not it agrees; 3. Where a decision is made to release on guarantee pending further investigation, order the criminal suspect or defendant to submit a guarantee deposit or hand over a guarantor; 4. The public security organs are to enforce release on guarantee pending further investigation. 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 criminal suspect or defendant might 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) 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.

Legal Analysis: As long as a criminal suspect for the crime of illegal detention is sentenced to fixed-term imprisonment of less than three years and is not a recidivist, he can generally apply for release on bail pending further investigation. 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 babies, and are released on bail pending further investigation will not be dangerous to society. 4. At the completion of the period of detention, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

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 suspected 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 social disturbances and be dangerous;

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.

Criminal suspects for the crime of illegal detention may generally apply for release on guarantee pending further investigation as long as they have been sentenced to up to three years imprisonment and are not recidivists. According to the provisions of law, criminal suspects or defendants who may be sentenced to controlled release, short-term detention, or independently applied supplementary punishments, who suffer from serious illness, are unable to take care of themselves, or whose period of detention has expired and the case has not yet been completed, and need to be released on guarantee pending further investigation, may be released on guarantee pending further investigation.

Legal basis:Article 67 of the Criminal Procedure Law.

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 a serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies and have no daughters, 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.

Legal analysis: 1. The criminal suspect or defendant and his legal ** person and close relatives submit an application for release on bail pending further investigation to the case-handling organ; 2. After receiving an application for release on guarantee pending further investigation, the case-handling organ shall make a reply within 7 days of whether or not it agrees; 3. Where a decision is made to release the person on guarantee pending further investigation, order the suspect to have the fraudster or defendant submit a guarantee deposit or hand over the guarantor; 4. The public security organs are to enforce release on guarantee pending further investigation. 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 an additional sentence independently applied; 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.

Legal Analysis: Those suspected of the crime of illegal detention may apply to the public security organs, procuratorates, and courts for release on bail pending further investigation, and whether they can be approved is decided on the basis of the specific circumstances of the case.

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 pretend to disrupt criminal suspects or defendants in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or a supplementary penalty may be applied to a single acre;

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.

Article 69 The guarantor must meet the following requirements:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

3) Enjoy political rights and have not had their personal liberty restricted;

4) Have a fixed place of residence and income.

Legal Analysis: Those who meet the requirements for release on guarantee pending further investigation may be released on bail pending further investigation. "Release on guarantee pending further investigation" refers to a criminal compulsory measure where, in the course of criminal prosecution, the investigation, prosecution, and adjudication organs order a person who has been criminally prosecuted but has not been criminally detained to evade investigation, prosecution, or trial, and to issue a guarantee to ensure that he is always on the line.

If one of the following conditions is met, an application for release on guarantee pending further investigation may be made: (1) a person may be sentenced to controlled release, short-term detention, or an independent supplementary sentence; 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 babies, and are released on bail pending further investigation will not be dangerous to society. 4. At the completion of the period of detention, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

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 trial 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 babies in the Qing Dynasty, and are released on bail pending trial 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.

Those suspected of the crime of illegal detention may apply to the public security organs, procuratorates, and courts for release on bail pending further investigation, and of course whether or not they can be approved depends on the specific circumstances of the case.

Provisions of the Criminal Procedure Law on release on bail pending further investigation:

Article 66: In any of the following circumstances, the people's courts may decide to release the defendant on guarantee pending further investigation or residential surveillance:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation or residential surveillance is employed, so that there is no danger to society;

3) Women who should be arrested but have a serious illness, or who are pregnant or nursing their own babies.

Article 68: Defendants in custody, their legally-designated persons, close relatives, and lawyers have the right to apply for release on guarantee pending further investigation. Applications for release on guarantee pending further investigation shall be in writing. The people's court shall make a reply within 7 days of receiving the written application.

Where the requirements for release on guarantee pending further investigation are met, and a guarantor is submitted or a guarantee deposit is paid, the people's court shall agree and handle formalities for release on guarantee pending further investigation in accordance with law; Where the requirements for release on guarantee pending further investigation are not met and the applicant is not consented, the applicant shall be informed and the reasons for not agreeing shall be explained.

Hello, release on bail needs to be based on the facts of the case and some other special circumstances. Based on my own practice experience, the author believes that there are three issues that need to be considered in the application for bail pending trial during the investigation stage:

1. The timing of the application, and the choice of timing have a certain impact on whether or not the applicant can be successfully released on bail pending further investigation; Clause.

2. The subject matter of the application and the choice of the subject matter have a very important impact on whether or not the applicant can be successfully released on bail pending further investigation; Clause.

3. Whether there is a situation in which release on guarantee pending further investigation is not permitted, and under the judicial practice that release on guarantee pending further investigation is the exception, once there is a situation in which release on guarantee pending further investigation is not permitted, the application is basically futile.

In addition, it should be noted that release on bail is only a temporary change in compulsory measures, and has no substantial impact on the court's final sentencing, and after the public security release on bail, the procuratorate can still release the bail during the review for prosecution and the court's trial stage, and the defendant can be re-imprisoned. Therefore, if you are an ordinary economic family, you should promptly entrust a lawyer to defend yourself in order to obtain a lighter punishment, and there is no need to spend energy and financial resources on bail.