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Whether detention can apply for medical parole

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Whether detention can apply for medical parole


        

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  • 2024-06-07 00:00:50

    Detention is not allowed to apply for medical parole. Detention is not a criminal punishment measure. The detained person is not a criminal, so it is not applicable to be released on parole for medical treatment. If there is a serious disease, they can apply for obtaining a guarantor pending trial.

    1、 The following circumstances can be applicable to obtaining a guarantor pending trial:

    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.

    2、 Obtaining a guarantor pending trial refers to a compulsory measure that the investigation organ orders the criminal suspect to provide a guarantor or pay a deposit and issue a letter of guarantee to ensure that he will not evade or hinder the investigation, and that he will be sent along with the investigation. It is usually used for criminal suspects who commit minor crimes, do not need to be detained or arrested, but need to have certain restrictions on their freedom of movement.

    [Legal Basis]

    In Article 67 of the Criminal Procedure Law of the People's Republic of China, 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.

    2024-06-07 00:00:50

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