Article 98 of the Criminal Law stipulates that if a case of detaining a criminal suspect or defendant cannot be settled within the time limit of investigation and detention, examination and prosecution, first instance and second instance stipulated in this Law, and it is necessary to continue verification and trial, the criminal suspect or defendant may be released on bail pending trial or under residential surveillance.
What are the specific provisions of Article 79 of the new Criminal Procedure Law?
Article 79 of the Criminal Procedure Law: A criminal suspect or defendant who is proved to have criminal facts and may be sentenced to more than fixed-term imprisonment shall be arrested if bail pending trial is insufficient to prevent the following social dangers:
1, may commit a new crime;
2, there is a real danger of endangering national security, public safety or social order;
3, may destroy or forge evidence, interfere with the witness to testify or collusion;
4. It is possible to take revenge on the victim, prosecutor or accuser;
5. Trying to commit suicide or escape.
If there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is intentional crime or the identity is unknown, it shall be arrested.
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Legal basis: Article 98 of the Criminal Procedure Law of People's Republic of China (PRC). If a case of detaining a criminal suspect or defendant cannot be settled within the time limit for investigation, detention, prosecution, first instance and second instance stipulated in this Law, and it is necessary to continue verification and trial, he may be released on bail pending trial or under residential surveillance.