(1)1On June 5, 1999, Zhang was sentenced to two years' imprisonment for rape, and was released early on March 5438+0, 2006. On the afternoon of May 20th, 2005, Zhang snatched a middle-aged woman's wallet, which contained cash 1800.
Yuan and Zhang were arrested by the masses on their way to escape, and then sent to the local police station. Wang and Hou, policemen of the police station, immediately investigated and collected evidence. At the end of the evidence collection, police officers Wang and Hou believed that the suspect Zhang could take the initiative to admit his mistake and had a good attitude of pleading guilty. They decided to get bail pending trial, and Zhang's friend Li (with no fixed income) was the guarantor.
Question:
1, is it appropriate to get bail pending trial?
2. If he is released on bail pending trial, can Li Can be the guarantor?
A: 1, not appropriate. According to Article 64 of the Procedures for Handling Criminal Cases by Public Security Organs, recidivists, principals of criminal groups, criminal suspects who evade investigation by means of self-injury or self-injury, criminal suspects who endanger national security, criminal suspects who commit violent crimes and other serious crimes shall not be released on bail pending trial.
2. Li Can is not a guarantor. Article 54 of the Criminal Procedure Law stipulates that "a guarantor must meet the following conditions: (1)
Has nothing to do with this case; (2) Having the ability to perform the guarantee; (three) enjoy political rights and personal freedom is not restricted; (4) Having a fixed residence and income. "In this case, Li has no fixed income and does not meet the requirements of items (2) and (4). Li does not meet the conditions of the guarantor.
(2)19971On the afternoon of April 23, 1997 10 or so, Zhang Yun, a female cotton mill worker in a city, was raped. The criminal fled after committing the crime and left a watch at the scene in a hurry. Afterwards, Zhang Yun reported the case to the public security organ and provided some characteristics of the criminal. According to the victim, the criminal is a man of about 30 years old, short but strong with a beard. Zhang Yun also submitted watches left by criminals to the public security organs. According to the investigators, the watch is a black Honglian brand mechanical watch, which is semi-old. Therefore, the public security organs took this watch as a clue and began the investigation of the case. More than a month later, the public security organs found the owner of the watch, Liu Junfeng, an employee of a company. After being questioned by the public security personnel, Liu Junfeng admitted that the watch was his own, but claimed that it was lost two months ago. He denied that he had committed any crime. But Liu Junfeng couldn't produce any evidence to prove that he had lost his watch. Therefore, the investigators thought that the case was conclusive and immediately detained Liu Junfeng. Then the police found the victim, Zhang Yun, and told her that they had found the owner of the watch left at the scene, so that Zhang Yun could identify this person as a criminal. After carefully observing Liu Junfeng, Zhang Yun said to the investigator: "This man is very similar to the criminal in height, size and appearance. I think it is him." Therefore, the investigators immediately made a decision and submitted it to the People's Procuratorate for approval to arrest Liu Junfeng.
(Question) What are the improper practices of public security personnel in the investigation of this case? And please explain why.
A:
1, improper detention measures against Liu Junfeng, article 6 1 of the criminal procedure law.
2. When presiding over the appraisal, a separate appraisal method was adopted.
3. Inform the appraiser of the relevant information of the appraiser before the appraisal.
(3) The suspect, Jiang, male, aged 68, a farmer, was detained by the public security organs according to law on suspicion of fraud. After detention, the public security organs found that he had severe tuberculosis, which was diagnosed by the hospital and needed to be isolated. The public security organ then made a decision on bail pending trial and asked Jiang to provide a guarantor. Jiang proposed to the public security organ that his brother should be the guarantor. The investigation by the public security organs found that Jiang's brother has certain wealth, but he is doing business in other places all the year round, and his whereabouts are extremely unstable. Therefore, he doesn't agree with Jiang's brother as a guarantor.
Question:
(1) Can Jiang be released on bail pending trial?
(2) Is it correct for the public security organ to disagree with Jiang's brother as a guarantor?
(3) If Jiang can't provide other guarantors, what can the public security organs do?
Answer:
(1) The public security organ may take compulsory measures to release Jiang on bail pending trial. Paragraph 2 of Article 60 of the Criminal Procedure Law stipulates that
If the criminal suspect or defendant who should be arrested suffers from serious illness, or a pregnant woman who is breastfeeding her baby, she may be released on bail pending trial or under residential surveillance. "In this case, Jiang suffered from severe tuberculosis, and compulsory measures should be taken to get a bail pending trial.
(2) The public security organ does not agree that it is correct for Jiang's brother to be the guarantor. Article 54 of the Criminal Procedure Law stipulates: "A guarantor must meet the following conditions: (1) It is irrelevant to the case; (2) Having the ability to perform the guarantee; (three) enjoy political rights and personal freedom is not restricted; (4) Having a fixed residence and income. " In this case, Jiang's brother did not have a fixed residence, which did not meet the provisions in paragraphs (2) and (4). It is correct for the public security organ not to agree with him as a guarantor.
(3) If Jiang can't provide other guarantors, he can pay a deposit to get a guarantor pending trial. Section 1 of Criminal Procedure Law
Article 53 stipulates: "When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit." Accordingly, China's bail pending trial is divided into property insurance and property insurance (property insurance). If Jiang can't provide a guarantor, he can choose property insurance and pay a deposit. However, if Jiang can neither provide a guarantor nor a deposit. According to Article 68 of the Procedures for Handling Criminal Cases by Public Security Organs, a criminal suspect who meets the conditions of obtaining bail pending trial can be placed under residential surveillance if he has not paid the deposit and has no guarantor. Accordingly, the public security organs can monitor Jiang's residence.