I have been released on bail pending trial. What should we do next?

"Being released on bail pending trial" can only show that the public security organ has filed a case, and the criminal suspect conforms to the legal situation of the Criminal Procedure Law, and cannot directly represent the severity of punishment. In layman's terms, it means that the public security organ thinks that it has committed a crime, but it is not clear whether it will be sentenced. Whether it is "serious" depends on whether there are criminal facts and the evidence of the public security organs. For the insured, the wisest next step should be to actively cooperate with the public security organs.

Legal analysis

According to the provisions of the Criminal Procedure Law, bail pending trial is executed by the public security organ, and the police station, as an organ, can get bail pending trial upon application.

Bail pending trial is one of the five compulsory measures, which may occur at all stages of criminal judicial procedure:

(a) before the end of the investigation, in one of the four cases stipulated in Article 67 of the Criminal Procedure Law, directly take bail pending trial, or change the detention to bail pending trial;

(2) in the stage of examination and prosecution, if there are special circumstances or the detention period expires, he shall be released on bail pending trial;

(3) The penalty imposed after the court's judgment is relatively light. If no appeal or protest is filed, the defendant will be released on bail pending trial within 10 days, and the penalty imposed is not light. However, if he is released on bail pending trial, he will be released on bail pending trial before the court session.

The factor that determines whether it is serious (that is, whether it will be sentenced) is not here. According to the charges put forward by the public security organs, it is necessary to carry out multiple tests of constitutive requirements, illegality, responsibility and indictability, which is a complex and meticulous process. No matter which of the above three situations, the most important thing is to actively cooperate with the judicial organs, if the innocent actively reflect the situation, if the guilty actively repent.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 66 The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, arrest the criminal suspect or defendant, obtain bail pending trial or place him under residential surveillance.

Article 67 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:

(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;

(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;

(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;

(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.

Bail pending trial shall be executed by the public security organ.

Article 68 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.