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Lou Di Law Q&A Advisor Lawyer
2018-08-03 06:16:23 Answer
Procuratorate approval of bail pending trial, do not need to go through the Public Security Bureau's signature, but the public security organs, as the implementation of the authorities, must know. Article 65 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs of the following circumstances of criminal suspects and defendants, can be released on bail pending trial: (1) may be sentenced to control, detention or independently applicable additional sentence; (2) may be sentenced to fixed-term imprisonment or more penalties, the adoption of bail pending trial does not lead to social danger; (3) suffering from a serious disease, can not take care of their own lives, pregnant or (c) A woman who suffers from a serious illness, is unable to take care of herself, or is pregnant or breastfeeding her own child, and whose release on bail pending trial does not pose a social danger; or (d) The expiration of the period of detention, but the case has not yet been concluded, and the release on bail pending trial is necessary. The release on bail pending trial shall be carried out by the public security organs. Article 66 the people's court, the people's procuratorate and the public security organs to decide on the suspect, the defendant on bail pending trial, shall order the suspect, the defendant to put forward a guarantor or deposit.
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Changde Legal Q&A Advisor Lawyer
2018-08-03 06:36:08 Answer
1, whether or not you still need to make a statement during the period of bail and awaiting trial, it is also up to the judicial organs to decide according to the needs of the case. For example: before the prosecutor's office to the court, but also on the suspect to question and fulfill the informative procedures.2, if the case has been prosecuted by the prosecutor's office to the court, the defendant should be ready for the court. Legal provisions: Article 77 of the Criminal Procedure Law, the People's Court, the People's Procuratorate and the public security organs shall not release a suspect or defendant on bail pending trial for more than twelve months, and shall not place him under residential surveillance for more than six months. The investigation, prosecution and trial of a case shall not be interrupted during the period of release on bail pending trial or residence under surveillance. Where it is found that criminal responsibility should not be pursued or that the period of release from bail pending trial or residential surveillance has expired, the release from bail pending trial or residential surveillance shall be lifted in a timely manner. The release of bail pending trial, residential surveillance, shall promptly notify the bail pending trial, residential surveillance and the relevant units.
First, whether the suspected fraud constitutes a crime and sentencing needs to be based on the specific circumstances of the case by the court according to law. Second, the relevant provisions: 1, "Criminal Law" Article 266 Fraud fraud public and private property, the amount is greater, shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine; the amount is huge or there are other serious circumstances, shall be sentenced to more than three years or less than ten years of fixed-term imprisonment, and shall be punished with a fine; the amount is particularly huge or there are other particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment or life imprisonment, and a fine or confiscation of property. Where this Law provides otherwise, it shall do so in accordance with the provisions. (2) Article 65 of the Criminal Procedure Law: The people's courts, people's procuratorates and public security organs may release on bail pending trial a criminal suspect or defendant in one of the following circumstances: (1) if he or she may be sentenced to control, criminal detention, or an additional penalty independently; (2) if he or she may be sentenced to a term of imprisonment or more, and if releasing on bail pending trial does not result in a dangerous situation to society; (3) if he or she suffers from a serious disease, is unable to take care of himself or herself, or is pregnant or breastfeeding his or her own child, or if she is a woman who is pregnant or nursing her own baby. (c) Women who are seriously ill, unable to take care of themselves, pregnant or nursing their babies, and whose release on bail pending trial will not pose a social danger; (d) When the period of detention has expired and the case has not yet been finalized, and the release on bail pending trial is necessary. (d) The case has not yet been concluded. The release on bail pending trial shall be carried out by the public security organs. Article 66 the people's court, the people's procuratorate and the public security organs to decide on the suspect, the defendant on bail pending trial, shall order the suspect, the defendant to put forward a guarantor or deposit.
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Anqing Legal Q&A Advisor Lawyer
2019-03-08 12:59:38 Answer
Can be applied for by a relative or entrusted to a professional lawyer to apply for the application, whether or not to take the bail to wait for trial, it is up to the case-handling organs to review, the case-handling organs, upon receipt of the application for taking the bail to wait for trial, shall make a consent or disapproval of changing the Decision on compulsory measures. Laws: Article 95 of the Criminal Procedure Law of the People's Republic of China The criminal suspect, the defendant, their legal representatives, close relatives or defenders shall have the right to apply for a change of compulsory measures. Upon receipt of the application, the people's court, the people's procuratorate and the public security organ shall make a decision within three days; if they do not agree to change the coercive measures, they shall inform the applicant of this and state the reasons for their disagreement. Article 65 The people's courts, people's procuratorates and public security organs may release on bail pending trial a criminal suspect or defendant under any of the following circumstances: (1) if he or she is liable to be sentenced to control, criminal detention or an independently applicable additional sentence; (2) if he or she is liable to be sentenced to fixed-term imprisonment or more, and if he or she would not be socially dangerous if he or she were to be released on bail pending trial; (3) a woman who suffers from a serious disease, is unable to take care of herself, or who is pregnant or breastfeeding her own child, may be released on bail pending trial. (c) A woman suffering from a serious illness, unable to take care of herself, or pregnant or nursing her own child, whose release on bail pending trial does not pose a social danger; (d) A woman whose period of detention has expired, but whose case has not yet been concluded, and who needs to be released on bail pending trial. The public security organs shall be responsible for the execution of the release on bail pending trial.
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Jingdezhen legal Q&A consultant lawyer
2019-03-08 13:19:43 Answer
Suspected of fraud, if you meet the appropriate circumstances, you can be released on bail pending trial, bail pending trial, if there is evidence to prove the facts of the crime, the court is to be sentenced. Bail pending trial is only one of the mandatory measures in criminal cases, not after the bail will be fine or must be sentenced to probation, but actively return stolen goods, and plead guilty to a better attitude, you can strive for a lighter punishment.
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Shangrao Legal Q&A Advisor Lawyer
2019-03-08 12:52:11 Answer
The bail is only a change of coercive measures, out of the bail, at least in the court before the verdict will not be detained; if the Procuratorate does not prosecute, it will not be referred to the court for trial, if the Procuratorate referred to the court for prosecution, the court will make a judgment.