(2) may be sentenced to more than fixed-term imprisonment, but the implementation of bail pending trial will not cause social danger;
(3) Arrest is necessary, but it is not appropriate to arrest a woman who is seriously ill or pregnant and breast-feeding her baby;
(4) The case of detaining a criminal suspect or defendant cannot be settled within the statutory time limit of investigation, detention, examination and prosecution, first instance and second instance, and it is necessary to continue verification and trial.
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.
If the suspect is arrested, the lawyer hired can apply for bail pending trial.
Question 2: Can I get bail pending trial during public security detention? If the crime is minor, you can get bail pending trial. Come on, honey.
Question 3: How to get bail pending trial in criminal detention? The following article is for your reference.
If the client is arrested, can he be released on bail pending trial?
If the person concerned is arrested, can he be released on bail pending trial (there is no bail system in Chinese mainland, and there is a similar system)? This is a matter of great concern to many parties and their families. The answer to this question cannot be simply yes or no.
After the parties are arrested, they can legally apply for bail pending trial, but whether or not to approve it is decided by the case-handling department. Whether the case-handling department approves bail pending trial mainly depends on the specific circumstances of the case, mainly referring to whether there are reasons for bail pending trial in the case.
In addition, there are two other issues that will also affect whether bail can be granted: 1 and the timing of application. Premature applications are often rejected by the case-handling department for general reasons; If you apply too late, you will miss the best opportunity (it is generally difficult to apply for bail pending trial after arrest). 2. Application method. There are many ways to apply for bail pending trial, such as directly applying for bail pending trial, such as applying for examining the necessity of detention. According to different cases, only by grasping the opportunity and choosing the right way will the possibility of approval be the greatest.
To sum up, after the parties are arrested, it is wise to find a lawyer to study whether there is a reason for bail pending trial. Only by finding convincing reasons, grasping the application opportunity and choosing the correct application method can they be released on bail pending trial.
Question 4: Can public security detention be released on bail pending trial? how much is it? What are the procedures? I feel dizzy. People on the upper two floors don't know how to talk nonsense. Where did the bail pending trial in public security cases come from? Bail pending trial is a criminal offence. Public security detention can only be suspended, not executed. Suspension is a decision made by the public security organ after agreeing to your administrative reconsideration. If your illegal facts are established, you will still be detained for public security. Failure to execute detention is aimed at the following situations: 1, 14-655. 2. 16- 18 violates the administration of public security, and 3. Pregnant or breastfeeding yourself under one year old and over 70 years old, in addition, it must be implemented.
Question 5: How can a detainee be released on bail pending trial on suspicion of committing a crime? A criminal suspect can apply for bail pending trial as long as he meets the conditions for bail pending trial. 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.
Question 6: Can I be released on bail pending trial? If the detention cannot be released on bail pending trial, the criminal detention can apply for bail pending trial.
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.
Bail pending trial and residential surveillance shall be carried out by public security organs.
Question 7: How to apply for bail pending trial after being detained in criminal detention? It must be very worrying to be detained by the public security organs on suspicion of criminal offences. The lawyer reminds you: those who meet the requirements can apply for bail pending trial, and put people home from the detention center for trial first. Persons who have the right to apply for bail pending trial: detained criminal suspects, defendants, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. A criminal suspect, defendant, his legal representative, close relatives and lawyer in custody shall apply for bail pending trial in writing. Time for obtaining bail pending trial: The longest time for the people's court, people's procuratorate and public security organ to obtain bail for criminal suspects and defendants shall not exceed 12 months. Conditions for obtaining a bail pending trial: A criminal suspect who has been placed on file for investigation may obtain a bail pending trial under any of the following circumstances: (1) He may be sentenced to public surveillance, criminal detention or apply additional punishment independently. (2) Those who may be sentenced to more than fixed-term imprisonment shall be released on bail pending trial, so as not to cause social harm; (3) The criminal suspect who should be arrested suffers from a serious illness, and the latter is pregnant and breastfeeding her baby under one year old; (four) the evidence of the criminal suspect in custody is inconsistent with the arrest and needs reconsideration and review; (five) after the request for arrest, the people's procuratorate does not approve the arrest and needs reconsideration and review; (6) The case in which the criminal suspect is detained cannot be closed within the statutory time limit, and it is necessary to continue the investigation. However, in any of the following circumstances, you cannot get a bail pending trial. (1) recidivist and principal offender of a criminal group. (2) Criminal suspects who evade investigation by means of self-injury or self-mutilation. (3) Criminal suspects who endanger national security and commit violent crimes. (4) Criminal suspects of other serious crimes. Bail pending trial shall be provided or paid by a qualified person. There are two ways to get a guarantor pending trial: guarantor guarantee and deposit guarantee. You can only choose one of the two ways to get a guarantor, but you can't use it at the same time. The deposit shall be paid in RMB. The amount of the deposit is determined by the decision-making organ, and the starting amount is 1000 yuan. According to law, the organs entitled to obtain bail pending trial are public security organs, state security organs, people's procuratorates and people's courts. The executing organs of bail pending trial can only be public security organs and state security organs. The deposit shall be paid to the bank account designated by the executive organ at or above the county level, and shall be uniformly collected and managed by the executive organ at or above the county level. The guarantor must meet the following conditions: (1) irrelevant to this case; (2) Having the ability to perform the guarantee obligations; (three) enjoy political rights and personal freedom is not restricted; (4) Having a fixed residence and income. Article 55 A guarantor shall perform the following obligations: (1) Supervise the guarantor to abide by the provisions of Article 56 of this Law; (2) If it is discovered that the guarantor may or has already violated the provisions of Article 56 of this Law, it shall promptly report to the executing organ. If the warrantee violates the provisions of Article 56 of this Law and the guarantor fails to report in time, the guarantor shall be fined, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. Please consult a lawyer for specific operation steps.
Question 8: Why was my friend detained? 15 days can I get bail without detention? First of all, I want to correct you. Bail is for prisoners. You have to say that if you get bail pending trial, you should pay attention to the following points:
1. Is your friend a local resident or a long-term resident of the detention center? Because a foreigner who doesn't live in the local area, it is basically impossible to have a guarantor for a crime!
2. The starting point for obtaining a guarantor's general deposit is 2000 yuan. It doesn't matter how much this money is, it can be refunded later.
If it doesn't matter, you can find a lawyer to get a guarantor. If there is a relationship (please ask the police handling the case to eat), you can apply directly to your relatives!
Question 9: Can administrative detention be released on bail pending trial? Let him decide quickly. Go home early. Don't worry. Look at the information you provided. Your friend was sentenced. Ten days of administrative detention should be carried out now. After the execution, he can go home. No one has the right to keep him in there. This is a public security punishment, not a crime, no sentence. Therefore, it does not constitute a crime and will not be punished. According to the criminal law of our country, a person can only be found guilty after being tried and pronounced by the people's court, so there is no such thing as continuing punishment. However, if it is criminal detention, if the investigation of the case is not clear enough, it can be submitted to the leadership for petition to extend the detention period according to the case. After the facts are clearly investigated and the evidence is conclusive, it will be submitted to the procuratorate, which will bring a lawsuit to the people's court, and then the people's court will try it and execute it after being convicted according to law. But don't worry, your friend is an executive.
Question 10: Can I get bail pending trial during my detention? Those who meet the conditions during detention may be released on bail pending trial. The law in China is not called bail.
The applicable conditions for obtaining bail pending trial are as follows: (1) Those who 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.
The public security organ shall not release a criminal suspect or defendant on bail for more than twelve months.