If you admit guilt and accept punishment, you can be released on bail pending trial
According to the "Minutes of the Symposium on the Pilot Work of Expedited Procedures in Criminal Cases (II)" (Fa 2015 No. 382), "Where criminal suspects or defendants voluntarily admit guilt and agree to apply the expedited procedures, release on guarantee pending further investigation is to be given priority when the smooth progress of the proceedings is ensured and conditions are met. It seems to be a very good deal, but can this plea be signed casually?
from the suspectThe first time he was summoned to custodytoSign a plea form, probably during this periodAbout seven daystime. In these precious seven days, all the lawyer has to do is to reassure the family and the suspectBefore knowing the truth, don't let the criminal suspect easily sign a plea.
Forty-eight hours had passed since the two transcripts had been made.
After that, the judicial authorities will discuss the two confessions, during which the public security organs will also conduct simultaneous investigations and evidence collection to obtain more evidence and clues. Finally, a preliminary conclusion is drawn after 3-4 days by combining the confession with the evidenceGenerally, on the fifth day, the criminal suspect will be asked to sign a plea affidavit based on the conclusions reached by the judicial organs.
At this point, seven precious days have passed since the first transcript. During this seven-day period, the suspect will always be faced with the option of signing a plea and may be given the condition that you will be released on bail. According to the Minutes of the Symposium on the Pilot Work on Expedited Procedures in Criminal Cases (II), if a criminal suspect voluntarily admits guilt and agrees to apply the expedited procedures, release on bail pending further investigation may be preferentially applied, which seems to be a very cost-effective "transaction". However, we need to recognize,Whether or not to easily sign a plea is an important decision
Before signing the plea, we must be clear: it is not advisable to let the criminal suspect sign the plea without knowing the truth, because this will have a significant impact on the progress of the case and the subsequent trial. The signing of the plea means that you admit your guilt, and the case will enter the expedited or summary procedures, which is not conducive to protecting the lawful rights and interests of the criminal suspect. If a criminal suspect signs a plea without fully understanding the details of the case, the evidence, and the legal consequences, he may face irreparable consequences.
Therefore,It is important to understand the consequences and risks of signing a plea。Family members should work with their lawyers to carefully study the evidence and legal provisions of the case to ensure that the legal rights and interests of the suspect are protected. Signing a plea is a major decision that must be made on the basis of a full understanding of the details of the case, the evidence, and the legal consequences. Only on the basis of working with a lawyer and assessing the consequences and risks can an informed decision be made to ensure a fair trial and legitimate interests.
In simple criminal cases, the public security organs usually submit a request to the procuratorate for review and approval of arrest within seven days. However, for major suspects involved in the crime of wandering, committing multiple crimes, or committing crimes in groups, the public security organs may request the procuratorate to review and approve the arrest within a maximum of 30 days after detention. Before the public security organ submits a request to the procuratorate for review and approval of arrest, the lawyer may theoretically submit an application for release on guarantee pending further investigation to the public security organ.
In the case of a request for arrest within 7 daysAfter the meeting, the lawyer may directly communicate with the public security personnel and submit an application for release on bail pending further investigation. ButIn the case of a request for approval of arrest within 30 daysIt is not advisable to submit an application for release on bail pending further investigation prematurely. In this case, the public security personnel may interrogate the criminal suspect several times, and will not consider release on bail pending further investigation until the case evidence is initially collected and collated, and the specific submission time needs to be determined by the lawyer in communication with the police officer in the course of the case handling.
Within seven days of the first custodial summons, we had the opportunity to apply to the police for release on bail pending trial. For the average criminal case, these seven days are a very valuable window of time. During this period, the public security organs will conduct further investigation of the case and collect evidence. However, it is worth noting thatOn the seventh day of the suspect's detention (i.e., the day after the seventh day), the police will either change the coercive measures, which may be release, arrest, or continue to extend the detention period.
During these seven days, bail is an important option, but it is not cost-effective to easily admit guilt and accept punishment in order to be released on bail. During this time, we should remain calm, unaffected by external pressure, and actively seek the help of a professional lawyer. The lawyer will be able to provide us with legal advice and defense to ensure that our legal rights and interests are fully protected.
Within 24 hours of the suspect's detention, we need to make full use of these seven days to work closely with the lawyer to understand the progress of the case and related legal matters. Only after knowing the truth can we make informed decisions and provide ourselves with the best legal support. Do not easily admit guilt and accept punishment, but protect your rights and interests in accordance with the law, and ensure that the case is equal, fair, and open.
This article is intended for general analysis and research or information sharing, and does not constitute any result of the analysis and judgment of specific laws, nor is it intended as any advice to readers or any basis for providing advice. The author hereby expressly disclaims liability for any action or omission taken pursuant to this document.