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Can I get bail immediately after detention

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Can I get bail immediately after detention


        

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  • 2024-06-06 07:01:32

    You can get bail immediately after detention.

    In China's criminal procedure theory, there is no clear stipulation on how long can be guaranteed pending trial. Therefore, the party concerned can apply for a guarantor pending trial at any time during the period of detention. However, in practice, due to the fact that the case may not be fully investigated when applying for bail pending trial prematurely, the public security organ may reject the application for bail pending trial on the ground that the case has not been fully investigated.

    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.

    [Legal Basis]

    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) 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.

    Article 97 of the Criminal Procedure Law, criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The People's Court, the People's Procuratorate and the public security organ shall make a decision within three days after receiving the application; If it disagrees with the modification of the compulsory measures, it shall notify the applicant and explain the reasons for its disagreement.

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