My friend has been in the detention center for five days for theft, and the amount involved is about 15 thousand. Can I get bail pending trial? It matters whether you are 17 or 16. If you are under sixteen, it is not enough to constitute theft. You can apply for bail pending trial, and whether you agree or not depends on the public security organ. If the procuratorate does not prosecute, then the court will not make a judgment, and then it will not be punished by the criminal law unless the victim sues or accuses.
My brother has been in the detention center for 37 days for committing theft, and his family wants to get bail pending trial. Is there any hope? Family members or lawyers of criminal suspects may apply to the case-handling organ, and whether or not to approve it shall be decided by the case-handling organ.
Bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). Refers to the public security organs, people's procuratorates, people's courts and other judicial organs in order to prevent criminal suspects and defendants from escaping investigation, prosecution and trial, and order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a guarantee to ensure that they are available at any time, and will not be detained or temporarily released.
I. Conditions for obtaining a guarantor pending trial:
Article 65 of the Criminal Procedure Law 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.
Two. Handling and form of bail pending trial:
Article 52 of the Criminal Procedure Law stipulates that criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial.
Article 53 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
My friend stole 14000 yuan from a big truck in Changshu, and my friend was arrested in the detention center. No one was arrested. The lawyer said that 35,000 yuan could be released on bail pending trial, and he stole14,000 yuan, which was very large. Suspected of theft, he should be sentenced to fixed-term imprisonment of not more than three years according to regulations. Those who meet the requirements may apply for bail pending trial. Sentenced after bail pending trial. If the stolen goods are actively returned, the victim's letter of understanding may be suspended.
Apply for bail pending trial for theft
Applicant: XXXX
Contact information: XXXXX
Application: Apply for bail pending trial for the criminal suspect XXXX.
Reason for application: The criminal suspect XXXX was detained by the Public Security Bureau of X city on X month, X year, and was not arrested with the approval of the People's Procuratorate of X city. According to the requirements of XXX, the legal representative of the theft suspect XXXX, I applied for bail pending trial for the suspect. The deposit is XXX yuan. According to the provisions of Articles 51 and 96 of the Criminal Procedure Law of People's Republic of China (PRC), we hereby apply for approval.
I am here to convey
XXXXX Public Security Bureau or Procuratorate
Applicant: XXXX
Can theft be released on bail pending trial? According to China's current laws and regulations, in any of the following circumstances, the judicial department may "or should" apply bail to criminal suspects and defendants.
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced to more than fixed-term imprisonment, and obtaining a bail pending trial will not cause social danger;
(3) Women who should be arrested according to law, but who are seriously ill or are pregnant or nursing babies, should not be arrested;
(4) The criminal suspect detained according to law, after interrogation and examination, thinks that it is necessary to arrest, but the evidence is insufficient.
(5) A criminal suspect or defendant who has been arrested or detained cannot close the case within the statutory time limit of investigation and detention, examination and prosecution, first instance and second instance, and is released on bail pending trial, which is not harmful to society.
Can theft be released on bail pending trial? Bail pending trial is a temporary compulsory measure for criminal suspects in criminal proceedings. A criminal suspect or his family members may submit a written application to the case-handling organ, which will examine it and make a decision within three days.
Article 65 of the Criminal Procedure Law 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.
Those who meet the requirements can also be released on bail for theft pending trial. The conditions are that the amount of crime is not large, there is no criminal record, confession and repentance, and there is no danger of committing another crime.
With regard to the applicable conditions for obtaining a guarantor pending trial for theft, Article 51 of the Criminal Procedure Law 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: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger. This is the most important legal basis for judicial organs to handle bail pending trial.
The so-called "possible punishment" in the first case mentioned above refers to the possible punishment determined by the judicial personnel who undertake the case according to the suspected criminal facts preliminarily identified by the judicial organs. It does not refer to the statutory maximum penalty of a certain clause of the criminal law violated by the actions of criminal suspects and defendants, nor does it refer to the statutory maximum penalty of a crime stipulated in this clause.
In the second case, the so-called "it may be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social danger" means that according to the suspected criminal facts that have been ascertained by the judicial organs, although it can be determined that the crime committed is serious, it should be sentenced to more than fixed-term imprisonment according to the corresponding criminal law, but bail pending trial will not cause social danger.
2. Applicants on bail pending trial: Regarding the qualification of applicants on bail pending trial, Article 52 of the Criminal Procedure Law clearly stipulates that criminal suspects, defendants, their legal representatives and close relatives in custody have the right to apply for bail pending trial. This is an authorized provision, but also an exclusive provision, which gives the detained criminal suspects, defendants, their legal representatives and close relatives the subject qualification to apply for bail pending trial. "Legal representative" refers to a person who engages in certain acts on behalf of the principal according to law. According to the provisions of Article 82 of the Criminal Procedure Law, legal representatives refer to parents, adoptive parents, guardians and representatives of organs and organizations responsible for protection; "Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters and brothers and sisters.
Then, do the lawyers or other defenders of the criminal suspect or defendant have the right to apply for bail pending trial? This is inconsistent in judicial practice. In some places, defenders such as lawyers of criminal suspects and defendants are allowed to apply for bail pending trial, while in others, it is not allowed. In this regard, Article 68 of the Supreme People's Court's Interpretation clearly stipulates: "The defendant in custody and his legal representative, close relatives and lawyers have the right to apply for bail pending trial." This provision gives the lawyer of the defendant in custody the right to apply for bail pending trial.
3. Procedures for obtaining a guarantor pending trial: Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on relevant issues concerning the application of criminal compulsory measures. If the people's procuratorate decides to take bail pending trial measures against the criminal suspect, it shall announce it to the criminal suspect and hand it over to the public security organ for execution. If the criminal suspect is guaranteed by a guarantor, the people's procuratorate shall send the legal documents and materials related to the cause of action, the basic information of the criminal suspect and the basic information of the guarantor to the public security organ at the same level where the criminal suspect lives; If the criminal suspect has a deposit guarantee, the people's procuratorate shall, after verifying that the deposit has been paid to the bank designated by the public security organ, send the relevant legal documents, the relevant cause of action, the basic information of the criminal suspect and the receipt issued by the bank to the public security organ at the same level where the criminal suspect lives.
After receiving the relevant legal documents and materials, the public security organ shall immediately hand them over to the public security organ at the county level where the criminal suspect lives for execution. The county-level public security organ in charge of execution shall verify the identities and related materials of the guarantor and guarantor within 24 hours, report to the person in charge of the county-level public security organ, and notify the police station where the suspect lives to execute.
Is it easy to get bail for theft? In reality, it is not easy to get bail pending trial, depending on the amount of theft, whether there have been many crimes, the suspect's residence and other factors.