Bail pending trial usually takes about five to six months to close the case.
There is no uniform legal provision on how long a criminal case must be closed after being released on bail. Generally, a criminal case will be closed within a few months, which is not directly related to the insurance.
First of all, the public security organs of criminal cases will take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended by one to four days. The procuratorate usually decides whether to approve the arrest within seven days. If it is a major suspect who has committed a crime on the run, in a gang or for many times, the time for requesting arrest can be extended to one month, that is to say, criminal detention usually lasts for more than ten days, and the longest is 37 days. The investigation period after arrest shall generally not exceed two months, and the case with complicated circumstances may be extended by one month with the approval of the people's procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, a fugitive crime, etc. With the approval of the provincial procuratorate, it can be extended for another two months. With the approval of the provincial procuratorate, the criminal suspect who may be sentenced to more than 10 years will be extended for another two months. In other words, the public security stage usually lasts about two and a half months to three months, and the longest is eight months.
Then, the case is written by the case handlers of the public security organs, and the files and evidence are transferred to the procuratorate, that is, the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month. If the procuratorate deems it necessary to make supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. Supplementary investigation shall be completed within one month, and supplementary investigation shall be limited to two times. After the supplementary investigation, the procuratorate recalculated the time limit for examination and prosecution. After the examination, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding court. That is, it usually takes one month to one and a half months, and the longest will reach five months.
Finally, go to court. The trial is based on the system of second instance and final appeal. The first instance shall be conducted within two months after the court accepts the case, and shall not exceed three months at the latest. If it is a case in a remote area, a major criminal group or a fugitive, it can be extended for another two months. If the defendant or a party to an incidental civil action refuses to accept the judgment of first instance, he may appeal; If the procuratorate believes that the judgment of the first instance is indeed wrong, it can also lodge a protest with the higher court, and the case will enter the second instance. The trial time limit of the second trial is the same as that of the first trial, which is two months, not more than three months. If it is a case in a remote area, a major criminal group or a fugitive, it can be extended for another two months. That is to say: if there is no appeal or protest, it is usually two months, and the longest is five months. If there is a second trial, it usually takes four to five months, up to ten months. If the court considers that the evidence is insufficient and returns it to the procuratorate, the time will be extended.
2. What are the conditions for obtaining bail pending trial?
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment. Criminal suspects and defendants who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment have minor crimes and there is no need to arrest them. Anyone who may evade investigation, prosecution or trial or otherwise hinder the smooth progress of litigation shall be released on bail pending trial.
(two) may be sentenced to more than fixed-term imprisonment, bail pending trial, residential surveillance will not cause social danger. Fixed-term imprisonment is more severe than control and criminal detention. Criminal suspects and defendants who may be sentenced to more than fixed-term imprisonment have serious criminal circumstances. If there is no social danger at the time of bail pending trial and there is no need to arrest, you can get bail pending trial.
3. What are the procedures for obtaining bail pending trial?
(1) application
This stage is generally at the end of each litigation stage, and the most common is that the criminal suspect is forced to arrive at the case after arriving at the case. However, because it is a right for Britain and the United States to grant bail to criminal suspects and defendants within a certain range, in most cases, defendants do not need to apply for bail themselves, but are approved by officials who have the right to decide bail ex officio. According to Article 27 of the British Criminal Justice and Public Order Act (1994), the police can attach any conditions they think fit to the defendant's bail, but they require him to stay in a bail hotel.
(2) Hearing and defense
Hearing is not a necessary stage of bail procedure, because when the criminal suspect and defendant meet the conditions of bail, the judge can decide bail directly without hearing. In other cases, judges can usually decide to hear cases ex officio. Bail procedure also highlights the principle of adversary system. When the prosecutor and the defense lawyer can't reach an agreement on whether to bail, the court will enter the complete defense mode. In the process of deciding whether to bail, the judge must listen to the defendant's defense and the arguments of both the prosecution and the defense in open court. All decisions to refuse bail are also made in public. The court must record in detail the reasons for refusing bail or attaching bail conditions, and serve a copy of the record to the defendant as soon as possible. Generally speaking, bail decisions must be made with the participation of lawyers and prosecutors.
(3) Ruling
Whether the judge agrees to bail or not, a formal ruling must be made, because this ruling will be the basis for the defendant to apply for relief. If the judge grants bail, the ruling must specify the conditions that the trustee should abide by and the punishment after violating the bail regulations; If the judge refuses to grant bail, he must clearly state the reasons for his refusal.
(4) Relief
"No relief, no rights". British and American countries also have detailed provisions on bail relief. Scotland's Criminal Procedure Law 1995 stipulates that the defendant who refuses to accept the bail decision can also seek relief through review and appeal. In addition, most of Britain and the United States stipulate the procedures for applying for habeas corpus, which is a judicial order issued to detainees, and its role is to review the legality of detention or imprisonment and correct illegal detention or imprisonment.
The longest period of bail pending trial is twelve months, and residential surveillance cannot exceed half a year. Generally, the case can be closed in five or six months after being released on bail pending trial. If the situation is complicated, you can apply for an appropriate extension of the trial time.
legal ground
Criminal procedure law
Article 77 There is a maximum time limit for a criminal suspect to be released on bail pending trial, that is, the maximum time for a criminal suspect or defendant to be released on bail pending trial shall not exceed twelve months.
Article 169 The People's Procuratorate shall make a decision on a case transferred for prosecution by the public security organ within one month, and may extend it by half a month for major and complicated cases.
Article 202 When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.