15.Apply to the court for cancellation of the detention, suspension of detention
- Publication Date：
- Last updated：2022-06-26
- View count：121
| No | 15 |
|---|---|
| Application Item | Apply to the court for cancellation of the detention, suspension of detention |
| Application Content | Apply to the court for approving the application for cancellation of detention or suspension of detention |
| The Requester | 1. Accused. 2. Defense attorney. 3. The persons who may act as their assistants. ( a spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, family member, or statutory agent of the accused ) |
| Application Procedure | The requesters should apply in written motion or the motion may be made verbally when summoned and investigated by the prosecutor and the motion shall be put in the record. |
| Attach with Documents | 1. Submit the bail documentation. 2. Submit the reasons for request cancellation or suspension of detention. |
| Accepting Authority | The original public prosecutor's office. |
| Application Period | During the detention period and before trial dates. |
| Disposal Time Limit | Immediately |
| Review Authority | 1. If the prosecutors consider the motion is well-grounded, the detention shall be canceled immediately or apply to the court for the accused be released on bail, or to the custody of another, or with a limitation on their residence. 2. If the application is a verbal motion, it can be rejected orally in session. If the application is in written motion, the objections shall be replied to in letter form 10 days after the date of receiving the application. 3. After the prosecution has been commenced in the trial, the motion should be sent to court by letter and inform the requesters. |
| Fee | Free of charge |