Paying off the debt is just a circumstance that can lead to a lighter punishment when sentencing in the future, and it has basically nothing to do with whether the person is released or not.
1. The crime of credit card fraud is a public prosecution case.
The so-called public prosecution cases are investigated by the public security organs, the procuratorial organs initiate public prosecutions on behalf of the state, and the courts make judgments in accordance with the law. There is no question of private settlement in this case. Even if the debt is paid off, there is basically no connection between the filing of the case, the detention, and the trial.
2. How long will it take for the person to be released? You should be talking about being released on bail pending trial.
This must be determined based on the specific circumstances of the case and decided by the investigative agency. The law stipulates that the person may be sentenced to a fixed-term prison sentence or more. If being released on bail pending trial will not cause social danger, he can be released on bail pending trial. Under normal circumstances, if the sentence may be more than three years in prison, the investigative agency will generally not agree. Of course, the criminal suspect's lawyer and family members can apply, and whether to grant permission or not will be decided by the investigative agency.
3. What is bail pending trial?
Bail pending trial is a criminal coercive measure stipulated in the Criminal Procedure Law. Refers to a compulsory measure in criminal proceedings that, in order to prevent a person from evading investigation, prosecution and trial, order him to provide a guarantor or pay a deposit, issue a guarantee letter, and guarantee that he will be available at any time, and not detain him or temporarily release him from custody. .
To put it in layman's terms, people go home first and must appear in court when there is a trial in the future. They are guaranteed to be there at all times. If they violate the law twice, they will be detained.
Fourth, compare the amount involved in the case to know whether it is possible to be released on bail pending trial.
1. If the amount is more than 5,000 yuan but less than 50,000 yuan, it shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law;
2. The amount is more than 50,000 yuan If the amount is less than 500,000 yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law;
3. If the amount is more than 500,000 yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.
Article 196 of the "Criminal Law" stipulates: Under any of the following circumstances, credit card fraud activities are carried out:
1. If the amount is large, he shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed;
2. If the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. ;
3. If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 50 yuan, or have property confiscated:
< p>The so-called malicious overdraft as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return it even after being called upon by the card-issuing bank.Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.