Public Security Bureau Series\u30102\u3011
\nWelcome to the second article of this series! The following is a summary of the main points of this series. You are welcome to click on the corresponding link to learn, so as to better protect your rights and interests when detention occurs!<\/p>\n
[Part 1: Types of detention, order of detention, time of detention and definition of enhanced interrogation;
\nPart 2: Hiring a lawyer, changing detention to bail and bail pending trial , and special bail provisions ;
\nPart 3: Illegal seizure of documents and property, how to appeal against illegal procedures and whether a criminal record will affect further education and employment.<\/p>\n
Changing detention to bail and bail pending trial
\nIn the aforementioned story, Anton was detained by Shenyang police on suspicion of fraud. After being detained, the Shenyang police transported Anton to the Beijing Municipal Police Station. In China, the detention period for general cases is 14 days. If the detention period has expired for 14 days, and the case has not been investigated clearly, will Anton be released directly? Or he still have to go through some procedures?<\/p>\n
After the expiry of the detention period, there are four results according to different circumstances.<\/p>\n
The first is release. For innocence or insufficient evidence, that is, there is no or insufficient evidence to substantiate the crime involved.<\/p>\n
The second is to release, and at the same time be sentenced to administrative detention. The 14-day period of criminal detention equals to the 28-day period of administrative detention. Therefore, if the sentence of administrative detention is less than 28 days, no further administrative detention is required. This punishment is for cases where the crime is minor and does not need to be investigated for criminal responsibility, but administrative responsibility should be investigated.<\/p>\n
The third is arrest. When the facts of the case are clear and the evidence is sufficient, the public security organ submits a request and the arrest is approved by the procuratorate. In this case, the detainee needs to be held criminally responsible.<\/p>\n
The fourth is changing detention to bail or residential surveillance. It is aimed at cases where there is no need for arrest and insufficient evidence, but the case still needs to be investigated.<\/p>\n
Anton in the story adopted the fourth method of release on bail pending trial, and finally spent 60,000 yuan in insurance fees.<\/p>\n
Hiring a lawyer<\/p>\n
What are the procedures for foreigners to hire a lawyer in China? Who can be a lawyer for foreigner? After learning that Anton was detained by the police, Anton’s friend Ivan contacted a lawyer as soon as possible to protect Anton’s legitimate rights and interests.
\nIn China, foreigner holding a foreign lawyer’s certificate cannot participate in litigation activities as a lawyer in China. The reason is that the content of Chinese laws and foreign laws are different, that is, lawyer certificates are not universal. Therefore, when you encounter a dispute in China and need to find a lawyer, you should find a Chinese lawyer.<\/p>\n
In addition, foreigners entrusting lawyers also need to contact the embassy according to their countries of nationality for authorization and notarization, and also need to be certified by the Chinese embassy or consulate in the corresponding country. If the Power of Attorney is signed in front of a judge, it does not need to go through a authorizing and notarizing process.<\/p>\n
Released on bail
\nThere are two ways to be released on bail pending trial, one is bail bond and the other is personal guarantee. Bail bond is the main income-generating project of the police sector. Between bail bond and personal guarantee, the Public Security Bureau is more inclined to choose bail bond. According to the “Provisions of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of State Security on Several Issues Concerning Release on Bail Pending Trial”, when bail bond is adopted for release on bail pending further investigation, it requires more than 1,000 yuan for adults and more than 500 yuan for minors. Depends on the economic situation. In general cases, when the person to be released on bail is a Chinese, it is about 10,000 yuan.<\/p>\n
If the method of personal guarantee is adopted, the guarantor must be a Chinese who is not involved in the case and whose personal freedom is not restricted (that is, he is not detained or is serving a sentence), in addition, he is required to have a fixed income and residence, and be able to perform the guarantee obligations.<\/p>\n
During the period of release on bail pending trial, the released person shall abide by the following provisions:
\nDo not leave the city or county where you live without the approval of the executive authority
\nIf the address, work unit and contact information change, report to the executive within 24 hours
\nArrive in time for interrogation
\nDo not interfere with witness testimony in any way
\nNo destruction, falsification of evidence or collude with other witness
\nIn a specific case, the police, procuratorate or court may also order the person to be released to abide by the following provisions:
\n(1) Not to enter specific places;
\n(2) Do not meet or communicate with specific persons:
\n(3) Do not engage in specific activities: (drunk driving, driving)
\n(4) Submit passports and other entry-exit documents and driving documents to the enforcement agency for preservation<\/p>\n
During the period of release on bail, if the released person violates the regulations, if the method of personal guarantee is adopted, the guarantor will be fined or even investigated for criminal responsibility; They will be ordered to repent, re-pay the bond, provide a surety, or change to residential surveillance or arrest.<\/p>\n
Take outs:
\nAfter the expiry of the detention period, there are four ways: release, release with administrative detention, arrest and changing detention to bail or residential surveillance
\nLawyers (Chinese) entrusted by foreigners in China must be notarized by the embassy of their country of citizenship and certified by the Chinese embassy or consulate in the corresponding country
\nThere are two ways to be released on bail pending trial: personal guarantee and bail bond. When using bail bond, the starting point is RMB 1,000 for adults and 500 for minors, and the specific amount is determined according to the economic situation of the parties. When personal guarantee is adopted, the guarantor must satisfy the requirements of a Chinese who is not involved in the case and whose personal freedom is not restricted (that is, he has not been detained or is serving a sentence), in addition, he must have a fixed income and residence, and be able to fulfill the obligation of guarantee.
\nDuring the period of release on bail pending trial, the released person shall abide by the following provisions:
\nDo not leave the city or county where you live without the approval of the executive authority
\nIf the address, work unit and contact information change, report to the executive within 24 hours
\nArrive in time for interrogation
\nDo not interfere with witness testimony in any way
\nNo destruction, falsification of evidence or collude with other witness
\nIn a specific case, the police, procuratorate or court may also order the person to be released to abide by the following provisions:
\n(1) Not to enter specific places;
\n(2) Do not meet or communicate with specific persons:
\n(3) Do not engage in specific activities: (drunk driving, driving)
\n(4) Submit passports and other entry-exit documents and driving documents to the enforcement agency for preservation<\/p>\n
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