Legal topics

How long the detainee will be able to come out after the successful bail pending trial needs to be judged according to the actual situation. Generally speaking, if the application is approved, the relevant institutions will handle the release procedures as soon as possible, which may be completed in a few days. However, if the situation is complex, more time may be required for review.

Intentional homicide is a serious illegal act. Even minors who have committed intentional homicide must bear criminal responsibility at the age of 16, and those who have not reached the age of 18 may be given a lighter punishment. Sentencing will be affected by a variety of factors, such as the circumstances of the crime, criminal means, criminal consequences and attitudes after the crime. The starting point of sentencing for intentional homicide is death penalty, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, he may be sentenced to three to ten years' imprisonment. In terms of civil compensation, including funeral expenses, living expenses, compensation, etc., the specific amount is determined according to the case situation and economic situation.

If the employer deliberately fails to pay the employee, he may be involved in the crime of refusing to pay labor remuneration. This crime refers to failing to pay the wages and benefits due to employees by means of transferring property, concealing their whereabouts, or maliciously evading to pay the wages of employees when they have the ability to pay, the amount of which reaches a certain level, and still fails to pay after being handled by the relevant government departments.

If the employer decides to stop the operation of the enterprise and pay compensation to the employees, then the principle of fairness and justice is very important when settling the salary. If the employer makes a layoff without one month's notice in advance, then the employer needs to pay an additional month's salary as notice payment. Economic compensation shall be calculated according to the service years of employees. Specifically, after working for one year, the employer should pay one month's salary as economic compensation; If the employee has worked for more than six months but less than one year, it shall be deemed as working for one year, and the employer shall also pay one month's salary as economic compensation; If the employee works for less than six months, the employer shall pay half a month's salary as economic compensation.

When drunk driving causes death, the amount of compensation will change due to various factors, including funeral expenses, living expenses of dependants, death compensation, and emotional damage compensation. The death compensation shall be calculated by 20 years according to the per capita income of urban residents or rural residents in the previous year where the court is located; If you are over 60 years old, you will lose one year for every additional year; if you are over 75 years old, you will be counted as five years.

It is an illegal and criminal act to hit and kill people while drinking and driving, which requires corresponding legal responsibilities. According to the Criminal Law, if the violation of traffic safety causes casualties or property losses to others, they may be sentenced to fixed-term imprisonment or detention of less than three years; If there is escape or bad behavior, the sentence will be increased to more than three years and less than seven years; If escape causes death, the sentence will be extended to more than seven years. In terms of compensation, death compensation, funeral expenses, and maintenance fees need to be compensated. The specific standards are more complex. The death compensation is generally based on the per capita income of the court and is calculated by 20 years; If the victim is over 60 years old, the compensation will decrease according to the age; If the victim is over 75 years old, the compensation will only be paid for five years. The specific amount of sentence and compensation will be decided by the court according to the case.

When an industrial accident occurs, we should rescue the injured immediately, protect the scene of the accident, and report to the relevant departments quickly. Article 14 of the Regulations on Industrial Injury Insurance stipulates that an employee who has one of the following circumstances shall be deemed as an industrial injury: (1) being injured by an accident due to work during working hours and in the workplace; （2） Injuries caused by accidents while engaged in preparatory or finishing work related to work in the workplace before and after working hours.

1. If an employee is disabled after treatment and the injury is relatively stable, which affects his or her ability to work, an appraisal of his or her ability to work shall be conducted. 2. The appraisal of labor capacity refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disability. Labor dysfunction is divided into 10 levels of disability, the most serious is level 1, and the least serious is level 10. There are three levels of self-care barriers: completely unable to take care of themselves in life, mostly unable to take care of themselves in life, and partially unable to take care of themselves in life.

Enterprise bankruptcy liquidation is really a complicated matter. Creditors can apply to the judicial authority to appoint a liquidation team to clarify the assets and liabilities of the enterprise. If the principal's negative behavior causes damage to the enterprise's assets, account books and documents and affects the liquidation, the creditor can require these responsible persons to assume the responsibility of paying off debts together.

Debt disputes generally belong to civil cases, and the debtor only needs to bear civil liability, not criminal liability. However, if the court refuses to execute the judgment in the proceedings, the situation is serious and criminal punishment may be imposed. For example, the debtor intentionally evades his debt, which may constitute a crime in criminal law.

Determine whether there is contract fraud according to the case and laws and regulations. If the fraud is established, the court may hold the fraudster liable for breach of contract, such as returning property and compensating for losses. If the circumstances are serious, the fraudster may also be prosecuted for criminal responsibility. The court will consider whether the fraudster has concealed the truth or provided false information, and whether the fraudster has misunderstood and made a wrong decision because of these.

The legal nature of money transfer between individuals needs to be analyzed according to specific circumstances. If the fund flow is based on the loan contract, it is debt performance; If the payment is made in the contract of sale, lease, etc., it is the performance of the contract. However, if there is no clear legal link, such money transfer may be regarded as a simple act of donation.