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Will the People's Procuratorate detain them one year after they have not issued an arrest warrant?

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Will the People's Procuratorate detain them one year after they have not issued an arrest warrant?


        

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  • 2024-06-14 17:00:01

    Will the People's Procuratorate detain them one year after they have not issued an arrest warrant?
    Theoretically, if a suspect needs to be arrested for violating the provisions on bail pending trial, the suspect and the defendant can be detained first - that is, the possibility of criminal detention cannot be ruled out, but it is very small. The People's Court, the People's Procuratorate and the public security organ shall not obtain a guarantor pending trial for a criminal suspect or defendant for more than 12 months (it should be noted that the public security organ has decided to obtain a guarantor pending trial for a criminal suspect, and after the case has been transferred to the People's Procuratorate for examination and prosecution, if it is necessary to continue obtaining a guarantor pending trial, the People's Procuratorate shall go through the procedures for obtaining a guarantor pending trial for the criminal suspect according to law. The time limit for obtaining a guarantor pending trial shall be recalculated and the criminal suspect shall be notified. That is to say, the cumulative number of bail waiting for trial may exceed 12 months). According to Article 69 of the Criminal Procedure Law, a criminal suspect or defendant who has been granted a guarantor pending trial shall abide by the following provisions: (1) he shall not leave his city or county without the approval of the executive organ; (2) If there is any change in the address, work unit or contact information, a report shall be made to the executing organ within 24 hours; (3) Arrive at the case in time when being summoned; (4) Do not interfere with the witness in any form; (5) They shall not destroy or forge evidence or collude with others. The People's Court, the People's Procuratorate and the public security organ may, according to the circumstances of the case, order the criminal suspect or defendant who has obtained a guarantor pending trial to comply with one or more of the following provisions: (1) not to enter a specific place; (2) Not to meet or communicate with specific personnel; (3) Do not engage in specific activities; (4) The exit and entry certificates such as passports and driving certificates shall be handed over to the executive organ for preservation. If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding two paragraphs and has paid the security deposit, part or all of the security deposit shall be confiscated, and according to the circumstances, the criminal suspect or defendant shall be ordered to sign a statement of repentance, pay the security deposit again, provide a guarantor, or be placed under residential surveillance or arrested. If it is necessary to arrest a person who violates the provisions on obtaining a guarantor pending trial, the criminal suspect or defendant may be detained first. Article 77 The maximum period of time a people's court, people's procuratorate or public security organ obtains a guarantor pending trial for a criminal suspect or defendant shall not exceed twelve months, and the maximum period of residential surveillance shall not exceed six months. During the period of obtaining a guarantor pending trial and residential surveillance, the investigation, prosecution and trial of the case may not be interrupted. If it is found that criminal responsibility should not be investigated or the period of obtaining a guarantor pending trial or residential surveillance has expired, the guarantor pending trial or residential surveillance shall be terminated in a timely manner. The person who has obtained a guarantor pending trial or has been placed under residential surveillance and the relevant units shall be notified in time of the termination of the guarantor pending trial or residential surveillance.

    R***

    2024-06-14 17:00:01

  • criminal Relevant knowledge

  • law

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