1. Can an accessory to telecom fraud be released on bail pending trial?
(a) telecom fraud cases, if it is a gang crime, there are fugitives, public security organs in order to prevent collusion between criminal suspects, generally do not apply for bail pending trial.
(two) the number of fraud gangs is small, and the criminal suspects are all under the control of the public security organs, and after taking a confession, they can apply for bail pending trial in any of the following circumstances.
(1) If the amount of telecom fraud is less than 3,000 yuan, it can be sentenced to public surveillance, criminal detention or independent application of additional punishment;
(two) the amount of telecom fraud is more than 3000 yuan but less than 30000 yuan, and may be sentenced to fixed-term imprisonment of not more than three years, which will not cause social danger and be released on bail pending trial;
(3) If the amount of telecom fraud is more than 30,000 yuan but less than 6,543,800 yuan, as an accomplice or coerced accomplice, you can apply for bail pending trial and return the stolen goods.
(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.
2. What are the procedures for obtaining bail pending trial?
(1) application
This 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 arriving at the case. 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. According to Article 27 of the British Criminal Justice and Public Order Act (1994), the police can attach any conditions they think fit to the defendant's bail, but they require him to stay in a bail hotel.
(2) Hearing and defense
Hearing is not a necessary stage of bail procedure, because when the criminal suspect and defendant meet the conditions of bail, the judge can decide bail directly without hearing. In other cases, judges can usually decide to hear cases ex officio. Bail procedure also highlights the principle of adversary system. When the prosecutor and the defense lawyer can't reach an agreement on whether to bail, the court will enter the complete defense mode. In the process of deciding whether to bail, the judge must listen to the defendant's defense and the arguments of both the prosecution and the defense in open court. All decisions to refuse bail are also made in public. The court must record in detail the reasons for refusing bail or attaching bail conditions, and serve a copy of the record to the defendant as soon as possible. Generally speaking, bail decisions must be made with the participation of lawyers and prosecutors.
(3) Ruling
Whether the judge agrees to bail or not, a formal ruling must be made, because this ruling will be 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.
(4) Relief
"No relief, no rights". British and American countries also have detailed provisions on bail relief. Scotland's Criminal Procedure Law 1995 stipulates that the defendant who refuses to accept the bail decision can also seek relief through review and appeal. In addition, most of Britain and the United States stipulate the procedures for applying for habeas corpus, which is a judicial order issued to detainees, and its role is to review the legality of detention or imprisonment and correct illegal detention or imprisonment.
There are four main processes of bail pending trial: application, trial, ruling and relief. Generally, telecom fraud can't be released on bail pending trial, because in order to prevent collusion after bail pending trial, the case can't be really investigated.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
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.