1. What are the procedures after customs detention against smuggling?
Customs detention against smuggling has only two processes: the examination and prosecution stage and the trial stage.
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) Investigation stage:
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned after being detained. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant 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.
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 stage:
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, 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, from the date of accepting a case of private prosecution, inform the defendant of 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, and the time limit may be extended for major and complicated cases.
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 stage:
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.
2. Can I get bail pending trial after criminal detention?
Criminal detention on bail pending trial requires the following conditions:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, but the implementation of bail will not cause social danger;
(three) it is necessary to arrest, but it is not appropriate to arrest a woman who is seriously ill or pregnant and breast-feeding her baby;
(4) The case of detaining a criminal suspect or defendant cannot be settled within the statutory time limit of investigation, detention, examination and prosecution, first instance and second instance, and it is necessary to continue verification and trial.
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.
If the suspect is arrested, the lawyer hired can apply for bail pending trial.
After criminal detention, you can apply for bail pending trial, as long as you meet the conditions for bail pending trial and pay a certain deposit. After criminal detention, it can only be ended through two stages: the prosecution stage and the trial stage.