1. When will the bail deposit for drunk driving be refunded?
Drunk driving should be released on bail pending trial, which should be returned after the completion of bail pending trial. The court ruled that the bail pending trial had ended and the deposit should be returned. The executing organ shall promptly announce the decision to refund the deposit to the person who has been released on bail pending trial, and notify him in writing to collect the refunded deposit from the bank. The time limit for obtaining bail pending trial is 12 months, and the executing organ must notify in writing within 15 days after the expiration.
Article 71 of the Criminal Procedure Law If a criminal suspect or defendant does not violate the provisions of Article 69 of this Law during the period of obtaining a guarantor pending trial, he shall, after the completion of obtaining a guarantor pending trial, go to the bank to collect the returned deposit with the notice of obtaining a guarantor pending trial or relevant legal documents.
Two. Introduction to collecting bail
1. Ordering a criminal suspect to pay a deposit should be based on the principle of being able to restrain the criminal suspect who has been released on bail pending trial from obstructing or evading criminal proceedings.
2. If the criminal suspect is ordered to pay the deposit, it shall be strictly examined and reported to the person in charge of the public security organ at or above the county level for approval.
3. If a criminal suspect is ordered to pay a higher amount of deposit, it shall be approved by the person in charge of the public security organ at or above the prefecture level.
4. The deposit must be paid in one lump sum when the public security organ decides to get a guarantor pending trial.
5. The deposit shall be paid by the criminal suspect or his family, legal representative or unit to the bank account designated by the public security organ. It is strictly forbidden for public security organs and their people's police to intercept, finance, misappropriate or occupy the deposit in other ways.
6. When notifying the criminal suspect to pay the deposit, the public security organ shall inform him that he must abide by the provisions of Article 56 of the Criminal Procedure Law and the consequences he should bear in violation of the provisions, and indicate it in the decision on obtaining a bail pending trial.
7. If a criminal suspect violates the provisions of Article 56 of the Criminal Procedure Law while he is on bail pending trial, the public security organ shall, according to the circumstances of his illegal act, decide to confiscate part or all of the deposit, and order him to make a statement of repentance, re-pay the deposit, put forward a guarantor, or change his residential surveillance and request the people's procuratorate to arrest him.
To sum up, according to the relevant provisions of the Criminal Procedure Law, as long as the suspect abides by the relevant provisions and does not violate other provisions during the bail pending trial, the bail for drunk driving should be returned after the bail pending trial. Get the refunded deposit from the bank with the notice of bail pending trial or relevant legal documents. The deposit can be paid by the criminal suspect or his family to the bank account designated by the public security organ.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 72 of the Criminal Procedure Law.
The organ that decides to obtain a guarantor pending trial shall comprehensively consider the need to ensure the normal proceedings, the social danger of the person who is released on bail pending trial, the nature and circumstances of the case, the severity of possible punishment, the economic situation of the person who is released on bail pending trial and other factors. And determine the amount of the deposit. The person who provides the deposit shall deposit the deposit into the special bank account designated by the executing organ. Article 73 of the Criminal Procedure Law
If a criminal suspect or defendant does not violate the provisions of Article 71 of this Law during the period of obtaining a guarantor pending trial, he shall, after the completion of obtaining a guarantor pending trial, go to the bank to collect the returned deposit with the notice of obtaining a guarantor pending trial or relevant legal documents.