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Can I get bail for drunk driving detention

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Can I get bail for drunk driving detention


        

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  • 2024-06-06 03:00:48

    First of all, bail refers to the system of releasing the arrested person when he/she provides guarantee or accepts specific conditions. In China, bail is to obtain a guarantor pending trial, which means that the investigation organ orders the criminal suspect to provide a guarantor or pay a bond and issue a letter of guarantee to ensure that he will not evade or hinder the investigation, and it is a mandatory measure that comes along with him.

    Secondly, 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.

    Thirdly, the people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose legal term of compulsory measures has expired, terminate the guarantor pending trial, residential surveillance or change the compulsory measures according to law

    Therefore, detention does not apply to coercive measures.

    [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.

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