2. The procuratorate and the court summoned that the case had entered the stage of examination or prosecution. Law enforcement summons is generally to examine whether it is necessary to continue to obtain bail pending trial, and to go through the formalities of renewal of insurance if necessary. If you can't continue to get bail, you may be thrown into prison.
Bail pending trial is a criminal compulsory measure, and its purpose is to ensure the smooth progress of criminal proceedings. According to Article 79 of the Criminal Procedure Law, the investigation, prosecution and trial of the case shall not be interrupted during the period of obtaining a guarantor pending trial and residential surveillance. Therefore, in order to ensure the smooth progress of the trial, it is necessary to temporarily detain the suspect and then determine the compulsory measures according to the judgment.
In China, it refers to the compulsory measures that people's courts, people's procuratorates or public security organs order some criminal suspects and defendants to put forward guarantors or pay bonds to ensure that they can be on call. Handled by the public security organs.
if the people's procuratorate decides to take measures to obtain bail for a criminal suspect, it shall announce it to the criminal suspect and hand it over to the public security organ for execution. If the criminal suspect is guaranteed by a guarantor, the people's procuratorate shall send the legal documents and materials related to the cause of action, the basic information of the criminal suspect and the basic information of the guarantor to the public security organ at the same level where the criminal suspect lives; If the criminal suspect has a deposit guarantee, the people's procuratorate shall, after verifying that the deposit has been paid to the bank designated by the public security organ, send the relevant legal documents, the relevant cause of action, the basic information of the criminal suspect and the receipt issued by the bank to the public security organ at the same level where the criminal suspect lives.
after receiving the relevant legal documents and materials, the public security organ shall immediately hand them over to the county-level public security organ where the criminal suspect lives for execution. The county-level public security organ in charge of execution shall verify the identities and relevant materials of the guarantor and guarantor within 24 hours, report to the person in charge of the county-level public security organ, and notify the police station where the suspect lives.
in many cases, we will make some preparations before the trial, such as ensuring that both parties can appear in court, or making full preparations for the trial! Bail pending trial is one of the most important things, so the guild hall needs to be put in prison. You need to analyze the specific situation to know whether you need to go to prison.
Legal basis:
Prison Law of People's Republic of China (PRC)
Article 15 A people's court shall serve a notice of execution and a written judgment on a criminal sentenced to a two-year suspension of execution, life imprisonment or fixed-term imprisonment to the public security organ in custody, and the public security organ shall take the criminal into prison for execution within one month from the date of receiving the notice of execution and the written judgment.
if the remaining sentence of a criminal is less than three months before being handed over for execution, the detention center will execute it on his behalf.
People's Republic of China (PRC) Criminal Procedure Law
Article 67 Whether the people's courts, people's procuratorates and public security organs can obtain bail pending trial for criminal suspects and defendants under any of the following circumstances:
(1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment;
(2) He may be sentenced to more than fixed-term imprisonment, and obtaining a bail pending trial will not cause social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or breast-feeding their babies are released on bail pending trial, and will not pose social danger;
(4) The detention period expires, and the case has not yet been settled, so it is necessary to obtain bail pending trial.
bail pending trial shall be executed by the public security organ.
Article 71 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(1) Without the approval of the executing organ, he shall not leave the city or county where he lives;
(2) If the address, work unit and contact information change, report to the executing organ within 24 hours;
(3) Being present in time when being arraigned;
(4) Do not interfere with the testimony of witnesses in any form;
(5) it is forbidden to destroy or forge evidence or collude with others.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail pending trial to abide by one or more of the following provisions:
(1) Do not enter specific places;
(2) not meeting or communicating with specific personnel;
(3) Do not engage in specific activities;
4) Submit the passport and other entry and exit documents and driving documents to the executing organ for preservation.
if a criminal suspect or defendant who is released on bail pending trial violates the provisions of the preceding two paragraphs and pays the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or be placed under residential surveillance or arrested.
If it is necessary to arrest a person who violates the provisions on obtaining a guarantor pending trial, the criminal suspect or defendant may be detained first.
article 79 the people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months, and shall not keep him under residential surveillance for more than six months.
The investigation, prosecution and trial of the case shall not be interrupted during the period of bail pending trial and residential surveillance. 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.