Legal analysis
The procedure after entering the detention center will vary according to the degree of violation. The investigation stage of public security organs is two months. After the investigation is completed by the public security organ, it will be transferred to the procuratorate for review and prosecution. The stage of examination and prosecution by the procuratorate is one month. If the procuratorate considers that it constitutes a crime, it will bring a lawsuit to the court. If it is necessary to extend the time, it can reach more than eight months. The public security organ may impose criminal detention on a flagrante delicto or a major suspect. The trial stage of the court is generally two months, usually five months. After the criminal suspect is detained, his close relatives may entrust a lawyer to meet the criminal suspect, and the lawyer will apply for bail pending trial after knowing the case. There is no such thing as obtaining a guarantor pending trial in China's current law, but there is a guarantor pending trial in China's law, which means that in the process of criminal proceedings, the investigation, procuratorial and judicial organs order the person who has been criminally prosecuted but not detained to put forward a guarantor or pay insurance premiums, and issue a letter of guarantee to ensure that it can be handed over at any time. Therefore, the "guarantee" in China's bail pending trial includes not only the "guarantee" of the person who is released on bail pending trial (in the western criminal procedure law, it is often "sworn"), but also the guarantee of property or others; The pending "trial" includes not only the trial of the court, but also the arraignment (interrogation) of the investigation organ and the procuratorial organ. Although bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law, compared with the two compulsory measures of criminal detention and arrest, it is rarely used in China's criminal litigation practice. Theft is a public prosecution case, and both parties can't settle the content of criminal responsibility. However, if an understanding is reached by compensating the victim, the punishment may be lighter or mitigated, and if the crime is minor, the punishment may be exempted.
legal ground
Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.