Bail refers to "the system of releasing the arrested person under the condition that the arrested person provides guarantee or accepts certain conditions". The bail system originated in Britain and was formed in the 3rd century. Pollock and Maitland believe that the bail system stems directly from actual needs, not from the love of abstract freedom. The concept of bail right began to appear and became a basic right of citizens. British Bail Act 1976, Article 1, stipulates that bail may be granted during the proceedings in which a person is accused or declared guilty or related proceedings. A criminal who has been arrested for a crime or is being issued with an arrest warrant can be granted bail. The law tends to allow anyone who lives under surveillance to be released on bail. It is normal to grant bail, but there are very strict rules on not allowing bail.
Probation, also known as suspended execution, means that if the perpetrator violates the criminal law and is confirmed by legal procedures to have constituted a crime and should be punished by punishment, he will be convicted first and will not be executed temporarily. A system in which criminals are inspected by a specific inspection institution within a certain trial period, and whether to apply a specific penalty is decided according to their performance during the trial period.
Elements of theft:
1, the object of theft is the ownership of public and private property;
2. Objectively, the actor has the behavior of stealing public and private property in a large amount or stealing public and private property for many times;
3. The subject is a general subject, and anyone who has reached the age of criminal responsibility and has criminal responsibility ability can constitute it;
4. Subjectively, it is direct and intentional, with the purpose of illegal possession.
To sum up, if you are detained for theft, it is recommended to hire a lawyer to defend and represent you as soon as possible, and apply to the court for bail according to the specific circumstances.
Legal basis:
Article 96 of the Criminal Procedure Law of People's Republic of China (PRC)
When a criminal suspect is interrogated for the first time by the investigation organ or takes compulsory measures, he shall hire a lawyer to provide legal advice, appeal and accuse the criminal suspect of being arrested, and his application for bail pending trial shall be approved by the investigation organ. The entrusted lawyer has the right to know the crime accused by the criminal suspect from the investigation organ, meet the criminal suspect and learn the case from the criminal suspect. The investigation organ shall send personnel to the scene according to the circumstances and needs of the case, and the lawyer shall obtain the consent of the investigation organ when meeting the criminal suspect. The conditions for obtaining a bail pending trial are: a criminal suspect or defendant may obtain a bail pending trial under any of the following circumstances:
(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, bail will not cause social danger. People who can apply for bail pending trial are: detained criminal suspects, defendants, their legal representatives and close relatives have the right to apply for bail pending trial.