Women during lactation are special legal subjects. The breastfeeding period is one year from the date after the baby goes out. When the criminal crime is suspected, the criminal law has given special care for it due to its special identity.
Netizen consultation:
How do women’s crimes be stipulated during breastfeeding?
Lawyer Huang Qiang of Qinghai Xinchen Law Firm answered:
Women during lactation are special legal subjects. The breastfeeding period is one year from the date after the baby goes out. When the criminal crime is suspected, the criminal law has given special care for it due to its special identity.
1. Breastfeeding women are special legal subjects, and breastfeeding is 1 year from the date after the baby is out;
2. When suspected criminal crimes, due to the special identity, the criminal law gives it special care.Among them, for women who are pregnant or breastfeeding their babies, those who take bail pending trials will not cause social danger, and they can take bail pending trial.
Analysis of Lawyer Huang Qiang of Qinghai Xinchen Law Firm:
The People’s Court, the People’s Procuratorate, and the public security organs can take the bail pending trial:
(1) Those who may be sentenced to control, detention or independent application of additional punishment;
(2) It may be sentenced to punishment above the sentence and above, and the social danger is not caused by the bail pending trial;
(3) Women who have severe diseases and cannot take care of themselves. Women who are pregnant or are breastfeeding their babies will take the bail pending trial and do not cause social danger;
(4) The detained period expires, and the case has not yet been completed.
The margin system for bail pending trial refers to the public security organs, the People’s Procuratorate, and the People’s Court to order the suspects and the defendant to pay the deposit and issue a guarantee to ensure that during the bail pending trial, they will not escape and obstruct investigations, prosecution and trials, and follow the presence.Guarantee method.The form of margin can only be currency, including Chinese currency and foreign currencies that can be exchanged for Chinese financial institutions.
The Ministry of Public Security’s regulations on the bonding deposit of bail pending trial:
(1) The amount of margin shall be considered and determined according to the local economic development level, the economic status of the criminal suspect, the nature of the case, the nature of the case, the social harm, and the importance of the punishment.
(2) Crimes for economic crimes, violations of property, or other crimes that cause property losses can determine the amount of amount of deposit charging deposit in accordance with the amount involved or the amount of direct property losses;
(3) For other criminal crimes, according to the different situations of the case, the amount of margin can be determined at 2000 yuan or less.
【Legal basis】
Article 67 of the Criminal Procedure Law, the People’s Court, the People’s Procuratorate, and the public security organs can take the bail pending trial:
(1) Those who may be sentenced to control, detention, or independent application of additional punishment;
(2) Punishment of more than sentence in prison may be sentenced, and social dangers will be taken in bail pending trial;
(3) Women who have severe diseases and cannot take care of themselves. Women who are pregnant or are breastfeeding their babies will take the bail pending trial and do not cause social danger;
(4) The detained period expires, and the case has not yet been settled.
The bail pending trial shall be implemented by the public security organs.
Lawyer Huang Qiang
In the process of handling legal affairs, Lawyer Huang Qiang was good at capturing details and can be fully considered.In each case, it is highly responsible, effectively saves the cost of the parties, and pays attention to the case itself. With the purpose of providing accurate professional legal services, it has been widely recognized by society and highly praised by the parties.
