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Can I return the deposit paid after obtaining a guarantor pending trial

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Can I return the deposit paid after obtaining a guarantor pending trial


        

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  • 2024-06-16 20:00:47

    The deposit paid on bail pending trial can be refunded.

    According to the law, if there is no violation of the legal provisions on obtaining a guarantor pending trial, the bail shall be returned after the case is closed.

    At the same time: if the criminal suspect does not violate the provisions of Article 56 of the Criminal Procedure Law or has one of the circumstances specified in Article 15 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ shall return the security deposit to the criminal suspect in full at the same time of lifting the guarantor pending trial.

    If a decision is made to return the deposit, it shall be submitted to the person in charge of the public security organ at or above the county level for approval after strict examination and approval, and a Letter of Decision on Refund of Deposit shall be issued.

    After the public security organ decides to return the security deposit of the criminal suspect, it shall notify the designated bank to return the security deposit to the criminal suspect in full and order the criminal suspect to sign or seal the Letter of Decision on the Return of Security Deposit when the criminal suspect is released from bail pending trial.

    Legal basis

    Article 21 of the Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security on Several Issues Concerning Obtaining a Bail and Waiting for Trial, if the person on bail does not violate the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a bail and waiting for trial, nor does he intentionally commit a new crime, he shall, while removing the bail and waiting for trial, change the compulsory measures or execute the penalty, The executive organ at or above the county level shall prepare a Letter of Decision on Refund of Security Deposit, notify the bank to refund the security deposit in full, and notify the decision making organ in writing. The executing organ shall timely announce the decision to return the security deposit to the person who has obtained the guarantor pending trial, and notify him in writing to collect the returned security deposit from the bank.

  • criminal Relevant knowledge

  • law

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