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Loudi legal question and answer consultant lawyer
2018-08-0306:16: 23 answer
The procuratorate's approval of bail pending trial does not require the signature of the public security bureau, but the public security organ, as the executive organ, must know. Article 65 of the Criminal Procedure Law: The people's courts, people's procuratorates and public security organs may obtain bail pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply supplementary punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial shall be executed by the public security organ. Article 66 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.
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Changde legal question and answer consultant lawyer
20 18-08-03 06:36:08 Answer
1, whether it is necessary to make a written record during bail pending trial is also decided by the judicial organ according to the needs of handling cases. For example, before the procuratorate brings a public prosecution to the court, it needs to ask the criminal suspect and perform the notification procedure. 2. If the case has been prosecuted by the procuratorate to the court, the defendant should be prepared for the court session. The law stipulates that Article 77 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail for more than twelve months, and the maximum period of residential surveillance shall not exceed six months. During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.
First, whether the alleged fraud constitutes a crime or not is determined by the court according to the specific circumstances of the case. Second, the relevant provisions: 1 Article 266 of the Criminal Law, the crime of defrauding public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail. 2. Article 65 of the Criminal Procedure Law: The people's courts, people's procuratorates and public security organs may obtain bail pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial shall be executed by the public security organ. Article 66 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.
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Anqing legal question and answer consultant lawyer
2019-03-0812: 59: 38 answer
You can apply through relatives or entrust a professional lawyer. Whether you can get bail pending trial should be examined by the case-handling organ. After receiving the application for bail pending trial, the case-handling organ shall make a decision on whether to agree or disagree to change the compulsory measures within three days. Legal provisions: Article 95 of the Criminal Procedure Law of People's Republic of China (PRC) provides that a criminal suspect, defendant and his legal representative, near relative or defender have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement. Article 65 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply supplementary punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial shall be executed by the public security organ.
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Jingdezhen legal question and answer consultant lawyer
2019-03-0813:19: 43 answer
Suspected of fraud, in line with the corresponding circumstances, can be released on bail pending trial. After bail pending trial, if there is evidence to prove the facts of the crime, the court will sentence. Bail pending trial is only one of the compulsory measures in criminal cases. It doesn't mean that you must be fined or sentenced to probation if you are released on bail, but you can actively return stolen goods and have a good attitude of pleading guilty, and you can strive for a lighter punishment.
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Shangrao legal question and answer consultant lawyer
2019-03-0812: 52:11answer
Bail pending trial is only a change of compulsory measures. If you get bail pending trial, you will not be detained at least before the court decides. If the procuratorate does not prosecute, it will not be transferred to the court for trial. If the procuratorate transfers it to the court for prosecution, the court will make a judgment.