Can criminal detention of drunk driving be released on bail pending trial?

Criminal detention for drunk driving cannot be released on bail. Drunk driving should be punished with criminal detention of less than 6 months and a fine; You can fight for probation before the judgment, and it is less likely to fight for medical treatment after the judgment. In addition, before the execution, the temporary execution outside prison is decided by the people's court that handed it over for execution; After delivery, the prison or detention center shall put forward written opinions on temporary execution outside prison and report them to the prison management organ at or above the provincial level or the public security organ at or above the municipal level with districts for approval.

1. What is the impact of drunk driving sentence on individuals?

1, drunk driving sentence will face corresponding penalties, including economic and legal aspects, and the minimum will be a fine of 2,000 yuan. If serious accidents are caused, people need to bear corresponding compensation responsibilities;

2, drunk driving sentence, because the driver's license will be revoked, so you will face the behavior of not driving the vehicle, even if you can reapply after 5 years or 10 years, it will still affect the normal use of the driver's license and the vehicle;

3, because drunk driving is generally investigated for criminal responsibility, so when the occupation for national staff or party member, lawyers, doctors, judges, police and other occupations, will face serious consequences of punishment, or even dismissal.

Second, the general procedure of bail pending trial

The application 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 he arrives. 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.

Hearing and defense hearing are not the necessary stages of bail procedure, because when the criminal suspect or defendant meets the conditions for being granted bail, the judge can decide bail directly without holding a hearing. The judge must make a formal ruling on whether to agree to bail, because this ruling will become 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.

The answer to this question is as above. According to the laws of our country, criminals sentenced to fixed-term imprisonment and criminals sentenced to life imprisonment can only be released on parole after more than half of the original sentence and more than 10 years of actual execution, and can not be released on bail after drunk driving punishment and criminal detention. The specific provisions are as above.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 66 The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, arrest the criminal suspect or defendant, obtain bail pending trial or place him under residential surveillance.

Article 67 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:

(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;

(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.

Criminal law of the people's Republic of China

Article 81 Applicable conditions for parole: For criminals sentenced to fixed-term imprisonment, the original sentence is more than half, and for criminals sentenced to life imprisonment, the probation period for parole is over 13 years. If he conscientiously abides by the prison regulations and accepts education and reform, he does show repentance and there is no danger of committing another crime. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived.

Recidivists and criminals sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes shall not be released on parole.

When deciding to release a criminal on parole, we should consider the impact on the community where he lives after parole.

Article 82 Parole of a prisoner shall be conducted in accordance with the procedures stipulated in Article 79 of this Law. No parole shall be granted without legal procedures.