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.
Article 69 A guarantor must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.
Delayed data bail pending trial cases:
Kim was criminally detained by the police on suspicion of a major liability accident. Because Kim was a negligent crime, his unit also reached a compensation agreement with the victim, and the police decided to release him on bail pending trial. However, in the process of examination and prosecution, the prosecutor summoned Kim twice to the procuratorate for interrogation, but Kim did not appear in court. Recently, the Fengtai District Procuratorate approved the arrest of Kim on suspicion of a major liability accident.
Kim is a tower crane signalman at a construction site in this city, but he has no tower crane signalman qualification certificate and no formal training. He had just studied with others for a few days before he went to work. One day at the end of March last year, Kim and Mr. Song were laying wooden squares in the construction site. Tie the wood square with gold to signal the crane driver to hook it. However, a piece of wood fell off after being hung up and hit Mr. Song right on the head.
Jin and his workmates took the smashed Mr. Song to the hospital, but Mr. Song was dead when he was taken to the hospital. Because there was no tower crane signalman qualification certificate, and at that time, the wooden side was not bound according to the safety regulations, Kim was criminally detained on suspicion of a major liability accident.
In April last year, Kim's unit reached a compensation agreement with the victim's family, and then Kim was released on bail pending trial. However, after the case was transferred for review and prosecution, Fengtai Procuratorate failed to contact Kim after many attempts, and Kim's wife could not get through the phone. After summoning Kim twice, he didn't appear in court, so in 1 1, Fengtai Procuratorate made a decision to approve Kim's arrest.
The prosecutor in charge said that bail pending trial is a compulsory measure, not the end of criminal proceedings. After the criminal suspect is released on bail pending trial, it is not "nothing", but must abide by the provisions of bail pending trial. If he is not allowed to leave the city or county where he lives without approval, he shall not interfere with the witness's testimony in any form, and he shall appear in court in time when summoned.
If a criminal suspect violates the provisions on bail pending trial and the circumstances are serious, he may be arrested.
People's Daily Online-The missing man was arrested for playing games after being released on bail pending trial.