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Obtaining a guarantor pending trial , the People's Republic of China criminal procedure law 》One of the regulations Criminal coercive measures 。 Refers to criminal action The public security organ, the People's Procuratorate, the People's Court and other judicial organs in China have not been arrest Or after arrest Change enforcement measures Of Suspect The defendant, in order to prevent him from evading investigation, prosecution and trial, is ordered to submit a guarantee witness Or pay bond , and issue guarantee , guarantee that they will be delivered at any time, and will not be take into custody Or a compulsory measure to temporarily release him from custody. It shall be executed by the public security organ. Objectively speaking, after a criminal suspect is detained, the act that should be considered most and deserves the most time and effort is to obtain a guarantor pending trial.
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According to Article 67 of the Criminal Procedure Law, the people's court, the people's procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
（1） Possible sentence control 、 criminal detention Or independently applying supplementary punishment;
（2） Possible sentence fixed-term imprisonment above punishment , the adoption of a guarantor pending trial will not cause social danger;
（3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger;
（4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial.
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The procedures for obtaining a guarantor pending trial are:
1. Detained criminal suspects, defendants and their legal status agent A person or a close relative applies in writing to the decision-making authority for obtaining a guarantor pending trial;
2. The decision making organ shall, within 7 days after receiving the application for obtaining a guarantor pending trial, reply whether or not it agrees;
3. The decision to obtain a guarantor pending trial for a criminal suspect or defendant shall be submitted to the public security organ, procuratorate or people's court at or above the county level for approval;
4. Execution of obtaining a guarantor pending trial.
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The maximum time limit for obtaining a guarantor pending trial shall not exceed 12 months.
Article 79 of the Criminal Procedure Law stipulates that the maximum period of time a people's court, people's procuratorate and public security organ obtains a guarantor pending trial for a criminal suspect or defendant shall not exceed 12 months, supervision of residence The maximum length shall not exceed six months.
During the period of obtaining a guarantor pending trial and residential surveillance, the investigation, prosecution and trial of the case may not be interrupted. If it is found that criminal responsibility should not be investigated or the period of obtaining a guarantor pending trial or residential surveillance has expired, the guarantor pending trial or residential surveillance shall be terminated in a timely manner. The person who has obtained a guarantor pending trial or has been placed under residential surveillance and the relevant units shall be notified in time of the termination of the guarantor pending trial or residential surveillance.
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The provisions on obtaining a guarantor pending trial are mainly in Articles 67 to 73 of the Criminal Procedure Law.
Article 67 of the Criminal Procedure Law stipulates that the people's court, the people's procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
（1） Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
（2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger;
（3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger;
（4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial.
Obtaining a guarantor pending trial shall be executed by the public security organ.
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Application for obtaining a guarantor pending trial
Applicant: ×××, female, Han nationality, from ×× Village, ×× City, residing in ×× Village, ×× City, contact number: ××××. He is the wife of criminal suspect ×××.
The criminal suspect applied for bail: ×××, male, Han nationality, from ×× village in ×× city, ID No.:. Suspected of xxxx crime, he was arrested by the Public Security Bureau of xx District, xxx City on criminal custody , currently being held in the detention center of ×× City.
Application: Apply for bail pending trial for criminal suspect ×××.
Facts and reasons:
The criminal suspect ××× was detained by the Public Security Bureau of XX District, XX City on ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××. Considering that the suspect ××× is suspected charge The nature and relevant information of the case are in line with the provisions of the Criminal Procedure Law of the People's Republic of China Conditions for obtaining a guarantor pending trial In addition, the criminal suspect's physical condition has been poor during custody.
Therefore, it is requested that
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Security deposit for obtaining bail pending trial Introduction:
1. For serious violent crimes and gang crimes principal , recidivist recidivism As well as other criminal suspects who may cause social danger such as serious crimes and great public anger, they should not be allowed to obtain a guarantor pending trial.
2. If the criminal suspect is blind, deaf, mute or a minor, the public security organ may order his legal representative to pay a deposit.
3. If the criminal suspect is a unit, the public security organ may order the unit to pay a deposit when it decides to obtain a guarantor pending trial against the person directly responsible or the person directly in charge.
Amount of bail margin:
Article 68 of the Criminal Procedure Law stipulates that when the people's court, the people's procuratorate and the public security organ decide to obtain a guarantor pending trial for a criminal suspect or defendant, they shall order the criminal suspect or defendant to provide a guarantor or pay a deposit.
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Obtaining a guarantor pending trial is a compulsory measure taken against the criminal suspects and defendants who meet the conditions. At the same time, taking such compulsory measures will not cause social danger. The application for obtaining a guarantor pending trial should be in written form, but it is not a matter of getting a guarantor pending trial once and for all. In some cases, the decision on obtaining a guarantor pending trial may be revoked. Let's take a closer look at the circumstances of revoking or changing the guarantor pending trial.
Article 96 of the Criminal Procedure Law stipulates: "If the people's court, the people's procuratorate and the public security organ find that the coercive measures taken against the criminal suspect or defendant are improper, they shall cancel or change them in a timely manner." This provision means that the court, the procuratorate and the public security organ have the power to change or cancel the decision on the coercive measures already taken. We believe that this is an adaptation to the different progress of the case. It should be said that this provision is more appropriate. The expressions and reasons for the revocation or change of the bail pending trial are as follows:
1. Should not be investigated for criminal responsibility.
two Period of obtaining a guarantor pending trial Expired.
3. It is found that the decision to obtain a guarantor pending trial is improper.
4. The arrested defendant is suffering from serious disease, unable to take care of himself or herself, and taking bail will not cause social danger.
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Consultation on obtaining a guarantor pending trial
Legal Counsel Recent reply:
The time for patent substantive examination is uncertain, generally 6-18 months, depending on the content of the invention, the examiner's understanding of the invention, the examiner's work arrangement, and the time for documents between the examiner and the applicant or its agent to return. The public service of patent examination process does not charge any fees at present. An applicant for a patent for invention may, when making a request for substantive examination and within three months from the date of receiving the notification sent by the Patent Office that the application for a patent for invention has entered the stage of substantive examination, take the initiative to propose amendments to the application for a patent for invention. According to the Patent Law, the examination and approval procedure of an invention patent application includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. In the examination and approval of an application for a patent for utility model or design, there is no early publication or substantive examination, but only three stages: acceptance, preliminary examination and authorization.
Legal Counsel Recent reply:
As far as the nature of conditions is concerned, they can be divided into substantive conditions and formal conditions. The so-called substantive condition refers to the fact that the law takes the production of literary and artistic works as the only legal fact to obtain copyright. There are generally two standards. One standard is that as long as a specific thought or emotion is given a certain literary and artistic form, this form, whether the whole or part of the work, and whether the work has been fixed in a certain material form, can be considered as a protected work according to law. The other standard is that, in addition to the general condition of being a work, that is, a form of literature and art, this form is also required to be fixed through a material carrier before it can be protected by copyright law. The formal condition refers to whether the copyright can be enjoyed without additional conditions after the work is completed, or whether certain conditions can be attached or certain legal procedures can be performed to obtain the copyright. At present, there are three approaches: The first approach is to automatically obtain copyright on the condition of the production of works. The second approach is that in addition to the creation of works, they must also go through the registration procedures to obtain copyright. The third approach is to note the copyright mark as the condition for obtaining the copyright, and there is no need to go through other procedures. China's copyright law adopts the principle of automatic protection. Once a work is produced, whether in whole or in part, as long as it has the attributes of a work, it will produce copyright. Neither registration nor publication is required, nor is it necessary to mark the copyright on the copy.
Legal Counsel Recent reply:
Conclusion: After the court accepts the case, before the judgment is announced. Resolution: Time of application for withdrawal: must be after the court accepts the case and before the judgment is announced. Withdrawal of a lawsuit refers to the withdrawal of a lawsuit by a party after the lawsuit is accepted by the court and before a judgment is made. The withdrawal of a lawsuit should be interpreted from the original intention of the system, which means that the party should take the initiative to apply for withdrawal, that is, the party should dispose of its own litigation rights. Elements of application for withdrawal: 1. The subject applying for withdrawal need not repeat: who initiated the lawsuit, who is qualified to withdraw the lawsuit; 2. Time of application for withdrawal: must be after the court accepts the case and before the judgment is announced; 3. The application for withdrawal of the lawsuit shall not violate the legal provisions and shall not harm the interests of the state, the collective and others; 4. The most important point is that the withdrawal of the lawsuit must be decided by the court. When a party applies for withdrawal of the lawsuit, the court shall review it according to law. If the conditions are met, the court shall rule to allow the withdrawal of the lawsuit, and the trial of the case shall be concluded; If the conditions are not met, a ruling shall be made to reject the application and the case shall continue to be heard; The court may not withdraw a case in which a party applies for withdrawal if the party has an illegal act that needs to be dealt with according to law. Legal basis: Article 214 of the Interpretation of the Civil Procedure Law After the plaintiff withdraws the lawsuit or the people's court treats it as withdrawn, if the plaintiff brings a lawsuit again with the same claim, the people's court shall accept it. If the plaintiff withdraws the lawsuit or handles the divorce case according to the withdrawal of the lawsuit without new information or reasons, and brings another lawsuit within six months, it shall not be accepted by applying mutatis mutandis the provisions of Item 7 of Article 124 of the Civil Procedure Law.
Legal Counsel Recent reply:
Conclusion: In accordance with the law. Resolution: 1. First of all, we should prepare the indictment and various evidentiary materials, including the contract and the evidence proving the other party's breach of contract. 2. After all the materials are ready, go to the filing room of the court of jurisdiction to file the case. 3. After filing, the court procedures are as follows: filing - mediation before court - trial (hearing, court investigation, cross examination, debate, final statement, adjournment) - receiving judgment - applying for execution. Legal basis: Article 144 of the Civil Procedure Law The court debate shall be conducted in the following order: （1） The plaintiff and its agent ad litem make speeches; （2） Defense of the defendant and his agent ad litem; （3） The third party and his agent ad litem speak or defend; （4） Debate with each other. At the end of the court debate, the presiding judge or the sole judge shall solicit the final opinions of the parties in the order of the plaintiff, the defendant and the third party. Article 145 At the end of the court debate, a judgment shall be made according to law. If mediation can be conducted before the judgment, mediation can also be conducted. If mediation fails, the judgment shall be made in a timely manner.
Legal Counsel Recent reply:
Conclusion: The general term is 2 months. Resolution: For the crime of fraud, the general period for obtaining evidence is two months, and in special cases, it can be extended by one to five months with the approval of the law. After the public security organ receives the case, it will file the case for investigation and handling, find out the facts of the case through investigation, and protect the legitimate rights and interests of the parties. In our country, the investigation includes not only the special investigation activities carried out by investigators according to law, but also the compulsory measures taken to prevent the current criminals and suspects from continuing to commit crimes, escaping and destroying evidence. The crime of fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. It is generally believed that, Legal basis: Article 115 of the Criminal Procedure Law The public security organ shall investigate a criminal case that has been filed, collect and obtain evidence that the criminal suspect is guilty or not guilty, or that the crime is minor or serious. An active criminal or a major suspect may be detained first according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
