Can I get bail pending trial for the crime of stirring up trouble? The Criminal Procedure Law provides uniform conditions for obtaining bail pending trial. No matter what crime you commit, you can get bail pending trial as long as you meet the conditions.
The Criminal Procedure Law stipulates that:
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.
Will the crime of stirring up trouble be sentenced? Article 293 of the Criminal Law stipulates that anyone who commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(four) together in a public place. Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
Will the crime of stirring up trouble be recorded in the file of bail pending trial? Suspected of causing trouble, he was released on bail pending trial. If he is investigated for criminal responsibility, he will be sentenced, thus leaving a criminal record.
Article 195 of the Criminal Procedure Law After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgments after deliberation based on the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.
Can I be released on bail pending trial after being detained in criminal detention? 1. The statutory sentencing range for the crime of stirring up trouble is fixed-term imprisonment of not more than five years or criminal detention. 2. affray is a violent case, and it is generally difficult to get bail pending trial unless the circumstances are obviously minor. 3, timely entrust a professional criminal defense lawyer, to the detention center to meet, understand the case, help to apply for bail or strive for a lighter treatment.
As long as the conditions for obtaining a bail pending trial are met, the bail pending trial can be approved.
Article 65 of the Criminal Procedure Law 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.
Wuyi was released on bail pending trial for the crime of stirring up trouble, and has been suspected of committing a crime. He should be sentenced to fixed-term imprisonment of not more than five years. If the victim's letter of understanding is obtained, a suspended sentence can be given.
He was released on bail pending trial after committing the crime of stirring up trouble and is now in prison. Will it be serious? No, he came out after paying the money. That may be because the plaintiff has found a relationship and insisted on messing with you, or the case has found something new. Generally speaking, the trouble is not very serious, not a recidivist, but a slow fever at most.
Can I apply for bail pending trial for the crime of stirring up trouble? Whether you can get bail pending trial depends on the severity of the crime and is decided by the organizer.
Will you be convicted after you get out of prison and await trial? 1. Bail pending trial is only a compulsory measure in criminal proceedings, which does not mean that you will not be sentenced to more than fixed-term imprisonment.
Suspected of stirring up trouble, he can be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Whether it constitutes a crime and sentencing shall be determined by the court according to law. According to the conditions of bail pending trial, being able to get bail pending trial is generally a minor crime, and the sentence will not be too heavy.
Second, the relevant provisions:
1, 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.
2. Criminal law
Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(four) together in a public place. Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.