Approve in the procuratorate after catching, if be criminality is lighter, it is to be able to have await trial of be bailed out, do not need to detain, arrest, but the guilty suspect that need acts to make certain limitation freely to its is used.
The netizen seeks advice:
A boss employs my friend to teach one servent a lesson, but my friend looked for a hatchet man again, the way that giving a hatchet man area and the person that point to but he himself did not appear personally to also did not start work for the first time suffer returning what the person hits is slight injury, what the 2nd times the boss says to teach a lesson is dissatisfactory call me the friend going wearing my friend was not being participated in is hatchet man contact with the boss directly, move second lay the person into flesh wound, gripped hatchet man first, he is offerred again later gave my friend, and that boss had run now, wear excuse me a law case big essentials how long ability is sessional, can we conduct await trial of be bailed out now? ?
Beijing (Long An) Geng Xiaoyan's lawyer solves Hangzhou attorney office:
Punishment arrest is at large cannot await trial of be bailed out. Set await trial of be bailed out according to our country law, it is to show investigation mechanism instructs crime to the suspect provides security or hand in bail to issue guarantee, make sure its do not escape or hamper investigate, follow pass a kind of coercive measures that follows. It is opposite normally crime is lighter, do not need to detain, arrest, but the guilty suspect that need acts to make certain limitation freely to its is used. The criminal that punishment arrest is at large did not arrive case, do not accord with the condition of await trial of be bailed out.
Geng Xiaoyan's lawyer is analytic:
Approve the time provision of await trial of the be bailed out after catching
Await trial of be bailed out is the longest do not exceed 12 months. Await trial of be bailed out is a kind of coercive measures in criminal lawsuit process only, the end that does not represent a case and won't adjudicate penalty. Can be imprisoned after the judiciary is tried further, adjudicate even also know. Nevertheless, for the condition of await trial of basis be bailed out, can await trial of be bailed out is crime is lighter commonly, the court decision won't be too heavy.
" criminal procedural law " procuratorate of court of the 77th people, people and public security mechanism are right await trial of be bailed out of person of guilty suspect, the accused is the longest must not exceed 12 months, surveillance lives the longest must not exceed 6 months.
In await trial of be bailed out, surveillant residence, do not get those who break pair of cases to investigate, sue and try. Ought not to investigate criminal duty to discovery or of at the expiration of one's term of office of await trial of be bailed out, surveillant living deadline, ought to remove in time await trial of be bailed out, surveillance lives. Remove await trial of be bailed out, surveillance lives, ought to inform support of the people be livinged by await trial of be bailed out, surveillance concerns an unit in time.
Geng Xiaoyan's lawyer is compensatory:
Batch what is after catching, the condition of await trial of be bailed out?
Arresting is to prevent guilty suspect to escape investigate, a kind of when adopt relatively strict criminal coercive measures such as evidence of act in collusion to make each other's confessions identical, destruction, the person that is arrested has sex of bigger actual society danger commonly, can say, arresting is more more serious than await trial of be bailed out criminal coercive measures. Accordingly, after be being arrested commonly, be met compare difficulty by await trial of be bailed out again, but those who need an attention is, according to the regulation of our country law, it is OK that after be being arrested, contented and certain condition is remained by await trial of be bailed out.
What the condition accords with after arresting is OK of await trial of be bailed out. According to legal provision, correspondence becomes person of the guilty suspect that arrest, the accused, if contract severe disease, perhaps be pregnant, him lactation infantile woman, can use await trial of be bailed out to perhaps monitor living method.
Graduate student record of formal schooling, be graduated from major of procedural law of Nanchang Nanchang university, from hold the case that the different type such as dispute of traffic accident, contract, matrimonial dispute handles early or late since course of study, have handle a case richly experience, be good at handling case of traffic accident type especially, participate in settle this type case nearly 100 cases, scrape up many successful case.
