The case is usually closed in about 6 months after drunk driving. Drunk driving is a criminal case, which goes through three stages. Criminal cases are complicated in content and complicated in procedure. It needs to go through three stages: filing investigation, examination and prosecution, and trial and judgment. The whole case will take at least four or five months to complete.
What are the conditions for bail pending trial?
1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2. Those who may be sentenced to more than fixed-term imprisonment shall be released on bail pending trial, so as not to cause social danger;
3. The criminal suspect who should be arrested is seriously ill, or a pregnant woman who is breastfeeding a baby under one year old;
4. For the detained criminal suspect, the evidence does not meet the conditions for arrest;
5. After the request for arrest, the procuratorial organ refuses to approve the arrest and needs reconsideration;
6. The case in which the criminal suspect is detained cannot be settled within the statutory time limit, and the investigation needs to be continued;
7, after the transfer of prosecution, the procuratorial organ decided not to prosecute, the need for reconsideration and review.
How long can drunk driving be released on bail pending trial?
There is no uniform law on how long it will take to close the case on bail pending trial for drunk driving, only the time limit for closing the case is stipulated, and it is ok to finish it within the prescribed time limit. After the procuratorate approves the arrest, it will hand over the case file to the public security organ for further investigation for a period of two months. The public security organ terminated the investigation and transferred it to the Public Prosecution Section of the Procuratorate for review and prosecution. The review period is 1 month, the procuratorate brings a public prosecution to the court, and the court will hear the judgment within 3 months. If the case is complicated, each stage can be postponed.
Criminal case handling process:
According to the provisions of the Criminal Procedure Law, general criminal cases generally go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court).
1, survey:
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may, after the first interrogation by the investigation organ or the day when compulsory measures are taken, hire a lawyer to represent him in complaints and accusations. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect.
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
If the suspect is arrested, the lawyer hired can apply for bail pending trial.
The public security organ shall not detain a criminal suspect for more than two months after his arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence.
2. Review and prosecution:
When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim.
The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender.
Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody.
The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
3. Trial:
After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant.
When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.
After hearing the case, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
After being released on bail for drunk driving, it is still necessary to investigate and collect evidence. If the illegal facts are established, they need to be handed over to the procuratorate for review and prosecution. Under specific circumstances, the investigation stage of public security organs and the examination and prosecution stage of people's procuratorates, including the later criminal trial stage, are all handled according to the actual situation, and a certain period of time may need to be extended.
Legal basis:
Article 79 of the Criminal Procedure Law of People's Republic of China (PRC)
The people's court shall investigate and verify the evidence in accordance with the provisions of Article 196 of the Criminal Procedure Law, and may notify the public prosecutor, defender, private prosecutor and their legal representatives to be present when necessary. If the above-mentioned personnel are not present, it shall be recorded.
When investigating and verifying the evidence, the people's court shall inform the public prosecutor, defender, private prosecutor and their legal representatives of the new evidence materials that have a significant impact on conviction and sentencing. If necessary, it can also be extracted directly, and the public prosecutor, defender, private prosecutor and their legal representatives shall be notified in time to consult, extract and copy.