Joke Collection Website - Blessing messages - Why did you go to the procuratorate for the first time after being released on bail pending trial?
Why did you go to the procuratorate for the first time after being released on bail pending trial?
The reason why the procuratorate allowed the client to pass on bail pending trial: The reason why the procuratorate notified the client to pass was that the case had been sent to the procuratorate, that is, the public security agency had transferred the case to the procuratorate, and a prosecution opinion had been filed against the case. The next step is for the procuratorate to review the prosecution in accordance with legal procedures. If there are criminal facts and evidence proving the need for a penalty, the procuratorate will prosecute the case to the People's Court for judgment. If it does not constitute a crime, the prosecutor's office will decide not to prosecute. The procuratorate asked the parties to just verify the facts of the case. If the suspect did not violate the regulations on bail pending trial, the procuratorate would not approve the arrest or change the coercive measures. Only after the case reaches the People's Court, if the court imposes a suspended sentence, the suspect will not be imprisoned; if a real sentence is imposed, the court will approve the arrest and imprison the suspect on the day of the trial.
Legal basis: Article 170 of the Criminal Procedure Law of the People's Republic of China: The People's Procuratorate shall review cases transferred for prosecution by the supervisory authorities in accordance with the relevant provisions of this Law and the Supervision Law. If the People's Procuratorate, after review, deems that supplementary verification is needed, it shall return it to the supervisory authority for supplementary investigation. If necessary, it may conduct supplementary investigation on its own.
For cases where detention measures have been taken and transferred by the supervisory authority for prosecution, the People’s Procuratorate shall detain the criminal suspect first and the detention measures will be automatically lifted. The People's Procuratorate shall make a decision on whether to arrest, release on bail pending trial, or conduct residential surveillance within ten days after detention. In exceptional circumstances, the time for decision may be extended by one to four days. The period during which the People's Procuratorate decides to take compulsory measures will not be included in the time limit for review and prosecution.
Article 171 of the "Criminal Procedure Law of the People's Republic of China" When the People's Procuratorate examines a case, it must ascertain:
(1) Criminal facts, Whether the plot is clear, whether the evidence is reliable and sufficient, and whether the nature of the crime and the crime are determined correctly;
(2) Whether there are omitted crimes and other persons who should be held criminally responsible;
( 3) Whether it is not subject to criminal liability;
(4) Whether there are any accompanying civil lawsuits;
(5) Whether the investigation activities are legal.
Warm reminder
The above answers are only based on the current information and my understanding of the law. Please refer to it with caution!
If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with professionals in detail.
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