The first question: As for the role of hiring a lawyer, it depends on the case evidence held by the public security organs, the parties' own situation and the lawyer's ability.
The second question: whether to get a bail pending trial should be decided by the judicial organ according to the specific case and the personal situation of the parties.
During criminal detention, family members and other personnel are not allowed to meet, and only the entrusted lawyer can be met. So at present, it is best to hire a lawyer to understand the specific situation and make specific countermeasures.
Can illegal fund-raising detention be released on bail pending trial? If the amount of illegal fund-raising is huge, you can't!
If the amount of illegal fund-raising is within the scope of compensation,
At the same time, you can guarantee the amount with your family.
A friend was detained on suspicion of illegal fund-raising 14 days. The legal person also turned himself in. Can friends be released on bail pending trial? The Criminal Procedure Law stipulates the conditions for obtaining bail pending trial. Those who meet this condition can be released on bail pending trial.
Conditions of bail pending trial in 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.
The manager of the company suspected of illegal fund-raising is now detained 17 days. The legal person has been arrested. Can the company manager get bail pending trial? The manager of the company is also a part-time job and gets paid. Illegal fund-raising is suspected of two crimes, one is the crime of illegally absorbing public deposits, and the other is the crime of fund-raising fraud. The former crime is relatively light.
In addition, it depends on the amount of money defrauded by the manager and the main role of the case, and there is hope to get a guarantor.
Article 192 The crime of fund-raising fraud refers to illegal fund-raising by fraudulent means for the purpose of illegal possession. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Article 176 Crime of illegally absorbing public deposits Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Illegally raising more than 8 million yuan to get bail pending trial? You can apply for bail pending trial as long as you meet the conditions for bail 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.
How much does it cost to get bail pending trial for suspected illegal detention? If a criminal suspect is detained in criminal detention, he may apply for bail pending trial as long as he meets the conditions. Generally, he will pay a deposit of 5,000 to 20,000 yuan.
It depends on the severity of the crime and whether bail will cause harm to society. If the judicial organ considers that it meets the statutory conditions for obtaining a guarantor pending trial, it may obtain a guarantor pending trial.
Conditions for obtaining a guarantor pending trial stipulated in the 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.
Can the procuratorate get bail pending trial after illegal fund-raising is arrested? Generally speaking, the defendant who is released on bail may be sentenced to non-imprisonment sentence, so as long as he abides by the provisions on bail pending trial and reaches an understanding with the victim, he will not be arrested before sentencing, and he is likely to be executed outside prison after sentencing.
Those who are detained for the crime of illegal fund-raising but have not been arrested may apply for bail pending trial, and whether or not to approve it depends on the circumstances.
Article 65 of the Criminal Procedure Law of People's Republic of China (PRC), 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.
Suspected of illegal fund-raising, after being detained for one month, the police station will inform you to get bail pending trial. What are the chances of going to jail? It has nothing to do with whether the public security organs can get bail pending trial according to law. In addition, the people's court exercises the gist of the trial according to law and requires the parties to verify and determine according to the judgment of the people's court.
Relevant laws and regulations: People's Republic of China (PRC) Criminal Procedure Law.
Article 5 The people's courts exercise judicial power independently according to law, and the people's procuratorates exercise procuratorial power independently according to law, without interference from administrative organs, social organizations and individuals.