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Will you be put in prison after being summoned by the procuratorate after obtaining a guarantor pending trial

If the defendant who collects the deposit strictly abides by the law, he will not be detained after being summoned. However, violators will lose their eligibility for insurance and may be detained. If a court finds a person guilty, he or she must serve his or her sentence. The defendant shall abide by the provisions that he shall not leave his place of residence without authorization, respond promptly, and not interfere with witnesses. The application for obtaining a guarantor pending trial shall be submitted in writing by the person or agent and approved by the public security organ, the procuratorate and the court. After receiving the Letter of Decision on Bailing and Waiting for Trial and the Notice of Implementation of Bailing and Waiting for Trial, the approver will return the deposit after complying with the provisions throughout the process. #Criminal defence 1497 readings
What kind of crime does larceny belong to

Theft is a crime of infringement of property rights in China's criminal law, which is defined as illegal possession of other people's property, theft of public and private property by secret means, large amount, multiple crimes and other acts. The constitutive elements include infringement of ownership, use of theft means, criminal responsibility capacity of the perpetrator and intention of illegal possession. According to the value of stolen property, sentencing can be divided into three levels: large amount (1000 to 3000), huge amount (30000 to 100000) and especially huge amount (300000 to 500000), corresponding to different terms of imprisonment and additional punishment. The legal minimum age of criminal responsibility is 16 years old. #Criminal defence 1208 readings
Must I go to the procuratorate to go through formalities after the expiration of the guarantee period

After the expiration of the guarantor pending trial, the judicial organ (the procuratorate or the court) will decide whether to continue or change the compulsory measures according to personal circumstances. No criminal shall be released immediately; Those who meet the conditions can be transferred to other measures. Obtaining a guarantor pending trial is applicable to situations such as possible light punishment, no social harm, specific health conditions or pending cases. The way of obtaining security includes the guarantor's guarantee and security deposit, and those who violate the rules will have corresponding responsibilities. Only one method can be selected at the same pre qualification stage, and the guarantor and the security deposit cannot be used at the same time. #Criminal defence 1292 readings
What is the purpose of going to the procuratorate for the first time after obtaining a guarantor pending trial

Obtaining a guarantor pending trial is a compulsory measure in China's Criminal Procedure Law. For suspects or defendants who have been arrested but need to change measures, it is necessary to ensure that they are available at any time. The application shall be submitted by the person or agent in writing. The judicial organ (public security, procuratorate, court) shall decide within seven days that the approval shall be subject to the approval of the person in charge and the issuance of relevant documents. The applicant shall provide a guarantor or pay a deposit. Applications that do not meet the conditions will be rejected and the judicial authority may decide at its own discretion. The public security organ shall abide by the regulations during the execution of the bail pending trial. If there is no violation, the security deposit will be returned upon expiration, and the guarantor's liability will be relieved. #Criminal defence 1319 readings

Will you be caught suddenly while you are on bail

In the process of obtaining a guarantor pending trial, the suspect needs to accept supervision, timely report the change of address, cooperate in summoning, and not interfere with the witness or tamper with the evidence. The implementation conditions include: possible light sentence, low risk of social harm, special physiological conditions that are not suitable for arrest, insufficient evidence during detention, long-term detention and unresolved cases, low risk of trying to escape, etc. The process includes: the detainee or lawyer submits a written application, the public security, the procuratorate or the court decides within seven days, and issues the Decision on Obtaining a Guaranty and Waiting for Trial and the Notice on Executing a Guaranty and Waiting for Trial after approval, which shall be executed by the public security organ. The period shall comply with the regulations, and the security deposit will be returned and the guarantee will be released if there is no violation at the expiration of the period. #Criminal defence 1357 readings
When will the arrest be notified at the latest after 37 days of detention

If there is no decision to approve the arrest within 37 days of criminal detention, it is necessary to release or change the measures immediately. If the case is approved, the arrest result shall be notified within 37 days. The public security department shall apply to the procuratorate for approval of arrest, and the review period shall be 10 or 37 working days at most. The cases that need to be formally arrested include serious crimes, and those who do not meet the conditions may take other measures. If the arrest is refused by the procuratorate, corresponding countermeasures shall be taken, if no crime is involved. #Criminal defence 1303 readings
Whether non refundable car rental deposit constitutes fraud

The return of car rental deposit does not belong to the crime of fraud. If the leasing company defaults and does not return the deposit, consumers can protect their rights through legal channels. First, determine to file a lawsuit to the court of the defendant's domicile or permanent residence, write a detailed indictment, and attach the lease contract, deposit certificate and other evidence. After submission, it is required to pay litigation fees and cooperate with court procedures. After the judgment, if the defendant fails to perform, he may apply for execution of the order. The leasing company's failure to return the deposit as agreed is only an illegal act, not a fraud. #Criminal defence 1245 readings
What are the filing and sentencing standards of loan fraud

Chinese law clearly states that the case of loan fraud will be filed if the amount exceeds 20000 yuan. Defraud RMB 200000-200000, and be sentenced to imprisonment of not more than five years or short-term detention and fine; If the circumstances are more than 200000 yuan, they will be sentenced to 5-10 years' imprisonment and a high fine; The amount is huge or the consequences are serious, and they can face more than 10 years or even life imprisonment and property deprivation. Victims of online fraud should provide evidence to report the case as soon as possible. The public security organ shall decide whether to file a case according to the specific situation, and the small amount of suspected fraud can be registered for future reference. Criminal case filing is a legal procedure of formal investigation after reviewing the report materials. #Criminal defence 881 readings

Minor punishment Criminal Judgment on He X's Suspected of Running Casino

Agent: Criminal incidental civil defendant result: Minor punishment

My value: The defendant He is suspected of the crime of opening a casino. According to the provisions of the Criminal Law, the sentence is more than three years' imprisonment. The defense lawyer, with his solid legal theory, tried his best to maintain the correct implementation of the law, made the defendant He obtain the lightest sentence and safeguarded his legal rights. Detailed case>
Lighter punishment The party who is arrested for theft shall be given a lighter punishment

Agent: defendant result: Lighter punishment

My value: Help the party to be given a lighter punishment Detailed case>
May be given a lighter punishment Lighter treatment for drug trafficking

Agent: defendant result: May be given a lighter punishment

My value: Help the parties to safeguard the maximum rights and interests Detailed case>
nothing Written Judgment of Guizhou Anshun Intermediate People's Court on Criminal Incidental Civil Cases

Agent: defendant result: nothing

My value: Strive for the maximum interests of the defendant and safeguard its rights and interests. Detailed case>

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