A psychiatric hospital (designated by the regional forensic hospital) common mental diseases diagnosed by judicial expertise, such as schizophrenia, manic depression and periodic mental illness.
2. Various organic heart diseases (rheumatic heart disease, coronary atherosclerotic heart disease, hypertensive heart disease, cardiomyopathy, pericarditis, cor pulmonale, congenital heart disease, etc.). ), the heart function is above level 3.
Arrhythmia caused by organic heart disease, such as multiple and multiple premature beats, atrial fibrillation, and more than second degree atrioventricular block.
After the treatment of myocardial infarction, there are still serious changes or complications of coronary insufficiency.
3. Hypertension11period.
Four, cavitary pulmonary tuberculosis, repeated hemoptysis, after two courses of treatment, bronchiectasis, repeated hemoptysis, and complicated with lung infection.
Patients with pulmonary pleural diseases and severe respiratory dysfunction, such as exudative pleurisy, empyema, traumatic hemopneumothorax, diffuse pulmonary interstitial fibrosis, etc.
5. Decompensation caused by various liver cirrhosis, such as portal cirrhosis, necrotizing cirrhosis, biliary cirrhosis, cardiogenic cirrhosis, schistosomiasis cirrhosis, etc.
Six, all kinds of chronic kidney diseases caused by renal insufficiency, after treatment can not be recovered, such as chronic glomerulonephritis, chronic pyelonephritis, bilateral renal tuberculosis, renal arteriosclerosis, etc.
Seven, cerebrovascular disease, intracranial organic disease caused by limb paralysis, obvious language disorder or dysfunction. After treatment.
Cerebrovascular diseases, such as cerebral hemorrhage, cerebral thrombosis, subarachnoid hemorrhage and cerebral embolism.
Intracranial organic diseases, such as intracranial tumor, brain abscess, forest encephalitis, tuberculous meningitis, purulent meningitis, severe craniocerebral trauma, etc.
Eight, all kinds of spinal cord and peripheral nerve diseases caused by limb paralysis, incontinence, life can not take care of themselves.
Various spinal cord diseases, such as myelitis, high syringomyelia, spinal cord compression and motor neuron diseases.
Peripheral nerve diseases, such as polyneuritis, peripheral nerve injury, ineffective treatment, and inability to take care of themselves.
Nine, frequent attacks, accompanied by mental disorders.
Ten, diabetes complicated with heart, brain, kidney disease or serious secondary infection.
Eleven, collagen diseases caused by organ dysfunction, treatment is ineffective, such as systemic lupus erythematosus, dermatomyositis, nodular arteritis, etc.
Twelve, endocrine gland diseases, it is difficult to cure, to lose the ability to work, such as pituitary adenoma, acromegaly, diabetes insipidus, Cushing's syndrome, primary aldosteronism, pheochromocytoma, hyperthyroidism, hypothyroidism, hyperparathyroidism.
Thirteen, leukemia, aplastic anemia.
Fourteen, parasitic diseases invade lung, brain, liver and other important organs, causing secondary damage, life can not take care of themselves. Parasitic diseases include cysticercosis, paragonimiasis, clonorchiasis, filariasis and schistosomiasis.
Fifteen, the heart, liver and other important organs are damaged or left with serious dysfunction, and after surgical treatment of various important organs, they are left with serious dysfunction and lose their ability to work.
Sixteen, digestive organs and abdominal surgery have serious complications, such as severe adhesive intestinal obstruction, recurrent attacks, should not be cured.
Seventeen, lung, kidney, adrenal gland and other organs on one side of the resection, the other side still has lesions or obvious dysfunction.
Eighteen, serious pelvic fracture combined with urethral injury, after treatment, there is intra-articular motor dysfunction, or long-term incurable urethral stricture and urinary tract infection.
19. After the treatment of brain and spinal cord injury, the patient developed dementia, aphasia (including severe aphasia), paraplegia, or loss of limb function, unable to control urination and defecation, and the function was difficult to recover.
Twenty, double upper limbs, double lower limbs, an upper limb and a lower limb amputation or loss of function due to injury, unable to recover. Amputation means that the upper limb is above the wrist joint and the lower limb is above the ankle joint.
Loss of function refers to rigidity, deformity and muscular atrophy of limbs. The upper limbs must reach the point where the hands can't lift things, and the lower limbs must reach the point where the feet can't bear loads.
Twenty-one, hands completely disabled or injured, resulting in more than six fingers defect. More than half of the six defective fingers were severed at the metacarpophalangeal joints, which must include the complete loss of thumb.
Twenty-two, two or more major joints (shoulder, knee, elbow, hip) appear ankylosing deformity due to injury, which is equivalent to both lower limbs or ... >; & gt
Question 2: What kind of serious illness can be released on bail pending trial? 1. Those who are seriously ill may be released on bail pending trial without causing social danger. The legal basis is Article 65 of the Criminal Procedure Law.
2. Article 65 of the Criminal Procedure Law, 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.
Question 3: Which diseases can apply for bail pending trial and seek relevant regulations? The Criminal Procedure Law stipulates that "consent" is required, but it does not stipulate whether it must be written or oral. Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of National Security on Several Issues Concerning Bail Pending Trial also have no specific form, so in theory, both oral and written forms are acceptable.
I'm sorry, I can't answer you for sure whether oral approval is actually possible.
The first is the positioning and interpretation of bail pending trial in China's codes and interpretations.
(A) the establishment and significance of the guarantor
Bail pending trial is a compulsory measure that judicial organs order criminal suspects and defendants to provide guarantees to ensure that they do not evade investigation, prosecution and trial. (Note 1) China's Criminal Procedure Law puts the bail pending trial system under the compulsory measures in Article 6, which shows that in China's academic theory and legislative practice, the positioning of the bail pending trial system is compulsory measures.
At present, according to Article 52 of the Criminal Procedure Law, some scholars have the right to apply for bail pending trial for detained criminal suspects, defendants, their legal representatives and close relatives, and infer that bail pending trial is a right of criminal suspects and defendants. However, the author believes that in China's current criminal law system, criminal suspects have the right to apply for bail pending trial, but it cannot be considered that bail pending trial is the right of criminal suspects and defendants, and bail pending trial is the right of judicial organs. The establishment of bail pending trial in China is to ensure the smooth progress of investigation, prosecution and trial activities. At the same time, it is a non-custodial compulsory measure, which is conducive to protecting the legitimate rights and interests of the parties, implementing the policy of less detention, improving litigation efficiency, reducing the burden of detention places and reducing the national litigation cost.
(two) the object of bail pending trial
According to the Criminal Procedure Law of People's Republic of China (PRC) and the judicial interpretations of the Supreme Court and the Supreme Procuratorate, bail pending trial can be applied in the following situations: 1, those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment, and 2, those who may be sentenced to fixed-term imprisonment or above, and take residential surveillance on bail pending trial will not cause social danger. 3. Women who are suffering from serious diseases or are pregnant or nursing babies should be arrested; 4 detainees who need to be arrested but have insufficient evidence; 5. The detained criminal suspect or defendant cannot close the case within the statutory time limit for examination, prosecution and trial and needs further verification and examination; 6. Some defendants who appealed against the same crime were detained during the trial of first instance because their sentences reached or exceeded; 7, holding a valid passport or other valid documents, may leave the country to escape investigation, but there is no need to arrest; 8, the court of first instance sentenced to criminal detention or fixed-term imprisonment suspended criminals, the judgment has not yet taken legal effect, can not be executed immediately.
(3) Procedures applicable to bail pending trial
Bail pending trial shall be decided by the judicial organ according to the needs of the case in the process of handling the case. Criminal suspects and defendants in custody, their legal representatives and close relatives also have the right to apply for bail pending trial. The defender of an arrested criminal suspect may apply for bail pending trial, and the judicial organ shall give a reply of approval or disapproval within seven days. Those who agree to obtain bail pending trial shall be ordered to provide a guarantor or pay a deposit. If the applicant does not agree to obtain bail pending trial, it shall notify the applicant in writing and explain the reasons.
Second, the main contents of the British bail system
(A) the origin of the British bail system.
The modern bail system in Britain began with the Habeas Corpus Act promulgated in 1967. The current Bail Law was promulgated on 1976. After more than 20 years of development, the bail system has been quite developed. According to British law, bail must adhere to three principles: first, protect the public; Second, ensure evidence; Third, prevent criminal suspects and defendants from absconding.
In Britain, the bail system is divided into unconditional bail and conditional bail. Under normal circumstances, criminal suspects can get unconditional bail. If the situation changes, unconditional bail can be changed to conditional bail. Conditional bail mainly includes: living in a designated place; A curfew (usually at an appointed time and address); Report to the police at a specific time; No direct or indirect contact with prosecution witnesses; Away from the designated area or location; Hand in your passport; Pay a deposit; Accept electronic monitoring and drug testing. For some serious crimes, bail is not allowed.
(B) the theoretical basis of the bail system
British bail system is deeply rooted in Anglo-American adversarial litigation mode and liberal historical tradition. Liberalism, presumption of innocence and protection of rights are the three cornerstones for the survival and development of bail system. 1. Because ... >>
Question 4: What major diseases can be released on bail pending trial?
Article 65 of the Criminal Procedure Law of People's Republic of China (PRC), 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.
Question 5: What is the legal basis for bail pending trial for serious illness? 10 is the legal basis for obtaining bail pending trial.
Bail pending trial in criminal proceedings refers to a compulsory method in which public security organs, people's procuratorates and people's courts order criminal suspects and defendants to put forward guarantors or pay bonds and issue letters of guarantee to ensure that they can be summoned at any time.
According to Articles 50, 5 1, 60 and other relevant provisions of the Criminal Procedure Law, the conditions for obtaining bail pending trial are as follows:
1. may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment. That is to say, if a criminal suspect or defendant has a minor crime and does not need to be arrested, but may evade investigation, prosecution and trial and hinder the smooth progress of the lawsuit, he should be released on bail pending trial.
He may be sentenced to more than fixed-term imprisonment, and taking bail pending trial will not cause social danger. That is, if the criminal suspect or defendant commits a serious crime, but there is no social danger when he is released on bail and there is no need to arrest him, he should be released on bail and wait for trial.
3. Should be arrested, but suffering from serious illness is not suitable for detention, such as illness can not take care of themselves, can be released on bail pending trial.
4. Those who should be arrested according to law, but are pregnant or nursing their own babies. In this case, if it is found before the arrest, the arrest cannot be decided; If it is discovered after arrest, the compulsory measures should be changed and the way of obtaining bail pending trial should be changed.
After interrogation and examination, the criminal suspect detained according to law thinks it is necessary to arrest, but the evidence is insufficient. This refers to the situation that the detainee may be sentenced to more than fixed-term imprisonment, but there is not enough evidence to prove his criminal facts, and the corresponding evidence cannot be collected within the legal detention period, but it is necessary to continue to collect evidence.
6. A criminal suspect or defendant who is arrested or detained cannot close the case within the statutory time limit of investigation, prosecution, first instance and second instance, and it is not socially dangerous to obtain bail pending trial. In addition, according to the regulations of the Supreme People's Procuratorate,
Paragraph 7 of Article 37 stipulates that a criminal suspect who holds a valid passport or other valid exit documents may leave the country to evade investigation, but he does not need to be arrested and may be released on bail pending trial. According to the fifth and seventh items of Article 63 of the Regulations of the Ministry of Public Security, if the procuratorate refuses to approve the arrest and needs reconsideration and review, and if it is transferred to prosecution, the procuratorate decides not to prosecute, and the criminal suspect who needs reconsideration and review can also get bail pending trial.
Article 64 of the Regulations of the Ministry of Public Security stipulates that recidivists, principals of criminal groups, criminal suspects who evade investigation by means of self-injury or self-mutilation, criminal suspects who endanger national security, criminal suspects who commit violent crimes and other serious crimes shall not be released on bail pending trial. Article 38 of the the Supreme People's Procuratorate Rules stipulates that criminal suspects who seriously endanger public order and other criminal suspects with bad nature and serious circumstances shall not be released on bail pending trial.
Article 56 of the Criminal Procedure Law stipulates that criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions: (1) Without the approval of the executing organ, they shall not leave the city or county where they live. This is a restriction on the activity area of bail pending trial. If there is a justifiable reason to leave, it must be approved by the public security organ in charge of execution. Before approving the person released on bail to leave the city or county where he lives, the executing organ shall make a decision on bail pending trial.
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The consent of the institution. (2) Being present in time when arraignment is made. The purpose of bail pending trial is to ensure the smooth progress of investigation, prosecution and trial. As criminal suspects and defendants, they must be on call. (3) Do not interfere with the testimony of witnesses in any form. Criminal suspects and defendants who have been released on bail pending trial cannot use their freedom to interfere with witnesses' testimony, such as threatening, beating, retaliating against relevant witnesses or inducing witnesses to commit perjury. (four) shall not forge or destroy evidence or collusion. That is, the person released on bail pending trial shall not take advantage of not being detained to form an offensive and defensive alliance with other co-defendants, unify their caliber, conceal, destroy or forge evidence materials related to the case.
If a criminal suspect or defendant who has been released on bail pending trial violates the above provisions and has paid the deposit in accordance with the provisions of the second paragraph of Article 56 of the Criminal Procedure Law, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence, and be arrested.
Article 50 The people's courts, people's procuratorates and public security organs may, according to the circumstances of a case, arrest a criminal suspect or defendant, obtain bail pending trial or place him under residential surveillance.
Article 51 The people's courts, people's procuratorates and public security organs shall deal with criminal suspects and defendants under any of the following circumstances. & gt
Question 6: One table can tell which diseases can apply for bail pending trial. Those who are seriously ill and unable to take care of themselves may apply for bail pending trial.
Criminal Procedure Law: Article 65 clearly stipulates that 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 and residential surveillance shall be carried out by public security organs.
Question 7: What are the laws and regulations for judging whether criminals are suffering from serious diseases? You only need to use the certification materials issued by provincial designated hospitals.
Question 8: The conditions for obtaining bail pending trial include those suffering from serious diseases. Women who are seriously ill, unable to take care of themselves, pregnant or breast-feeding their babies can be released on bail pending trial without causing social danger.
Criminal procedure law
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:
(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.
Question 9: Can I apply for bail pending trial if I am sick? Ye Ben, an intern who applied for practicing law in Hubei Liqun Law Firm, replied:
According to the provisions of China's Criminal Procedure Law, under any of the following circumstances, the public security organs, procuratorial organs and legal organs may release the criminal suspect or defendant on bail pending trial. (3) Women who are seriously ill, unable to take care of themselves, pregnant or breast-feeding their babies will not be exposed to social danger if they are released on bail pending trial. If your father meets the requirements for applying for bail pending trial, he can apply for bail pending trial through legal channels.
Ye Ben, an intern who applied for practicing law in Hubei Liqun Law Firm, answered the reminder:
There are two ways to obtain bail pending trial: guarantor and deposit, and the longest period of bail pending trial shall not exceed twelve months.
Question 10: What diseases can prisoners get bail pending trial? Simply put, if they commit a case that is contagious to the detainees, they will definitely be released on bail pending trial! ! !