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2011-12-19 Legal experts who know the partners.
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1, arrested on July 2, questioned on July 4. The mistake is that the trial did not take place immediately, which exceeded the prescribed maximum time.
Article 34 of the Criminal Procedure Law of the People's Procuratorate (Revised) shall be counted from the time when the criminal suspect arrives at the case. After the criminal suspect arrives at the case, he shall be ordered to fill in the time of arrival in the summons card, sign or seal the summons card, and then immediately conduct interrogation. After the interrogation, the criminal suspect shall be ordered to fill in the end time of interrogation on the detention certificate. If the criminal suspect refuses to fill in the form, the procurator shall indicate it on the Arrest Certificate.
The longest period of summons shall not exceed 12 hours, and the criminal suspect shall not be detained in disguised form by continuous summons.
2. The procuratorial organ may decide to arrest a self-investigation case, but the execution of the arrest needs to be executed by the public security organ. The fault lies in the arrest of the investigators of the procuratorate.
Article 132 of the Criminal Procedure Law of People's Republic of China (PRC) The case directly accepted by the People's Procuratorate conforms to the provisions of Article 60 and Item 4 and Item 5 of Article 61 of this Law. If it is necessary to arrest or detain the criminal suspect, the People's Procuratorate shall make a decision and the public security organ shall execute it.
3. The deposit and guarantor belong to the guarantee measures of obtaining a guarantor pending trial, and should be applied to obtaining a guarantor pending trial, but they are not allowed to be applied at the same time, only applicable. Wrong is wrong at the same time.
Article 53 of the Criminal Procedure Law of People's Republic of China (PRC) * * * When the people's court, the people's procuratorate and the public security organ decide to obtain a guarantor pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Interpretation of the Criminal Procedure Law of the Supreme People's Court (Law Interpretation [1998] No.23 1998 was promulgated on September 2, 1998 and shall come into force on September 8, 1998).
Article 69 When the people's court decides to obtain a guarantor pending trial, it may order the defendant who meets the conditions for obtaining a guarantor pending trial to provide one or two guarantors:
(a) unable to pay the deposit;
(two) minors or other circumstances that are not suitable for absorbing deposits.
Article 71 If the people's court decides to release the defendant on bail pending trial, it may order him to pay a deposit according to the circumstances of the case. The deposit is limited to cash.
The people's court shall decide the amount of deposit according to the nature and circumstances of the alleged crime and the financial situation of the defendant.
The security deposit shall be collected and kept by the public security organ in accordance with the relevant provisions.
Article 72 If the same defendant decides to obtain a guarantor pending trial, the guarantor guarantee and the letter of guarantee cannot be used at the same time.