Traditional Culture Encyclopedia - Hotel accommodation - Fight with beer bottles. Now he's in custody. Blackening is very serious now. Can this be released on bail pending trial?
Fight with beer bottles. Now he's in custody. Blackening is very serious now. Can this be released on bail pending trial?
(a) may be sentenced to control, detention or independent application of supplementary punishment;
(2) Being sentenced to more than fixed-term imprisonment, there will be no danger in obtaining bail pending trial;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not cause social problems and will be in 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, supervision, asylum and residence shall be carried out by the Public Security Bureau.
Article 52 A criminal suspect or defendant in custody, his legal representative, administrator and near relatives have the right to apply for bail pending trial.
Article 66 If a people's court, a civil court, a people's court, a procuratorial organ or a public security organ decides to release a criminal suspect or defendant on bail pending trial, it shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Article 67 A guarantor must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(3) enjoy political rights and interests, personal freedom and control;
(4) Having a fixed residence and income.
Article 68 A guarantor shall perform the following obligations:
(1) To supervise the guarantor to abide by the provisions of Article 56 of this Law;
(2) If it is found that the guarantor may or has already committed acts in violation of the provisions of Article 56 of this Law, it shall report to the executing agency in time.
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.
Article 69 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(1) Not to leave the city or county where he lives without the approval of the Executive Board;
(2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(4) Never destroy, forge or alter evidence or collude with others.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding paragraph and pays the deposit, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or be supervised, regarded as living, arrested or subpoenaed. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.
This is the most important legal basis for judicial mechanism, closing the case and handling bail pending trial. The so-called "possible punishment" in the first case mentioned above refers to the possible punishment determined by the judicial personnel who undertake the case according to the suspected criminal facts preliminarily identified by the judicial organs. It does not refer to the statutory maximum penalty of a certain clause of the criminal law violated by the actions of criminal suspects and defendants, nor does it refer to the statutory maximum penalty of a crime stipulated in this clause. In the second case, the so-called "may be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social and social danger" means that according to the suspected criminal facts that have been ascertained by the judicial organs, although it can be determined that the crime committed by him is serious, he should be sentenced to more than fixed-term imprisonment according to the corresponding criminal law, but if he is released on bail pending trial, it will not cause social and social danger.
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