Bail pending trial is a compulsory measure stipulated in China's criminal procedure law. It refers to a compulsory measure that the public security organs, people's procuratorates, people's courts and other judicial organs order criminal suspects and defendants who are not arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a letter of guarantee to ensure that they can be used at any time to prevent them from evading investigation, prosecution and trial, and not to detain them or temporarily release them. The way to get bail pending trial after making a decision not to prosecute is: if the public security organ makes a decision to get bail pending trial, the public security organ will release it according to the procedure after receiving the decision not to prosecute from the procuratorate; If it is a decision made by the procuratorate to get a bail pending trial, it will release the bail pending trial at the same time as announcing that it will not prosecute.
There are three main situations in which the procuratorial organ does not prosecute:
First, statutory non-prosecution. , its applicable conditions are:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by amnesty;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(6) Other laws provide for exemption from criminal responsibility.
Second, decided not to prosecute. Article 177 of the Criminal Procedure Law stipulates: "If the circumstances of the crime are minor and it is not necessary to sentence or exempt the punishment according to the criminal law, the people's procuratorate may make a decision not to prosecute."
Third, if you have doubts, don't sue. The fourth paragraph of Article 175 of the Criminal Procedure Law stipulates: "If the people's procuratorate still thinks that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute."
If you don't sue, you can't be sure if you have a criminal record, because there are two situations when you don't sue. If the suspect is decided not to prosecute because he has no criminal facts, there will be no criminal record.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 79 of the Criminal Procedure Law.
People's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail for more than twelve months, and shall not keep them under residential surveillance for more than six months. During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.