2. Conditions for obtaining bail pending trial
(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 pending trial, residential surveillance will not cause social danger.
3. Being released on bail pending trial and under residential surveillance by the public security organ.
The deposit will be stipulated by local authorities.
Provisions on several issues concerning bail pending trial
Ministry of Public Security, the Supreme People's Procuratorate, the Supreme People's Court
Provisions on several issues concerning bail pending trial
1August 4, 999
Article 1 In order to strictly implement the Criminal Procedure Law and ensure the correct application of bail pending trial, according to the Criminal Procedure Law and
Relevant laws and regulations, these Provisions are formulated.
Article 2 For criminal suspects and defendants released on bail pending trial, public security organs, state security organs and the people,
The procuratorate and the people's court make decisions according to the specific circumstances of the case.
If a public security organ, a people's procuratorate or a people's court decides to obtain a bail pending trial, it shall be executed by the public security organ. state security
The whole organ has decided to obtain bail pending trial, and the people's procuratorate and the people's court are handling the criminals transferred by the state security organs.
If a criminal case is decided to be released on bail pending trial, it shall be executed by the state security organ.
Article 3 If a criminal suspect or defendant decides to obtain bail pending trial, the investigation and prosecution of the case shall not be stopped.
And trial. It is strictly forbidden to indulge crimes in disguised form through bail pending trial.
Article 4 If a criminal suspect or defendant decides to obtain bail pending trial, he shall be ordered to put forward a guarantor or pay a deposit.
Pay a deposit
If the same criminal suspect or defendant decides to get a bail pending trial, the guarantor and collateral shall not be used at the same time.
Kim agreed.
Article 5 If a person is released on bail pending trial in the form of a bond, the starting amount of the bond shall be 1000 yuan.
The decision-making organ shall, on the principle of ensuring that the person on bail does not evade or interfere with criminal proceedings, comprehensively
Considering the social danger of criminal suspects and defendants, the plot and nature of the case, and the severity of possible punishment.
, the economic situation of criminal suspects and defendants, the level of local economic development, etc. , to determine the deposit.
Amount.
Article 6 The deposit for obtaining a guarantor pending trial shall be uniformly collected and managed by the executing organ at or above the county level. A decision to confiscate the deposit
The decision to set and refund the deposit, the decision to impose a fine on the guarantor, etc. , shall be made by the administrative organ at or above the county level.
Article 7 The executing organ at or above the county level shall set up a special deposit account for bail pending trial in its designated bank and entrust it to handle it.
The bank collects and keeps the deposit on its behalf, and informs the people's procuratorate and the people's court of the name of the designated bank.
The deposit shall be paid in RMB.
Article 8 After the decision-making organ makes a decision to collect the deposit for obtaining a guarantor pending trial, it shall issue the Certificate for Obtaining a Guaranty Pending Trial in a timely manner.
The written ruling shall be served on the person who has been released on bail pending trial and the unit or individual who provided the deposit for him, and shall be ordered to hand it over to the executing organ.
Set up a bank to pay a one-time deposit.
The decision-making organ shall, after verifying the certificate that the deposit has been paid to the bank designated by the executing organ, release the deposit from bail pending trial.
"Trial Decision", "Notice of Execution on Bail Pending Trial" and related materials such as the payment certificate issued by the bank.
Send it to the executive organ for execution.
Article 9 When executing bail pending trial, the executing organ shall inform the bailed person that he must abide by the criminal procedure.
The provisions of article 56 of the law and the consequences that should be borne by violating the provisions or committing crimes again during the period of bail pending trial.
.
Article 10 If a person released on bail pending trial violates the provisions of Article 56 of the Criminal Procedure Law, the deposit shall be confiscated according to law.
The executive organ at or above the county level shall make a decision to confiscate part or all of the deposit and notify the decision-making organ; correct
If it is necessary to change compulsory measures, it shall also put forward opinions on changing compulsory measures and submit them together with relevant materials.
The decisive organ.
Eleventh decision-making organs found that the person who was released on bail violated the provisions of Article 56 of the Criminal Procedure Law and thought that
If the deposit should be confiscated according to law, it shall put forward a written opinion on the confiscation of part or all of the deposit, and attach relevant information.
The materials shall be submitted to the executive organ at or above the county level. The executing organ at or above the county level shall, according to the opinions of the decision-making organ, and
When making a decision to confiscate the deposit, and notify the decision-making organ.
Article 12 A person released on bail pending trial did not violate the provisions of Article 56 of the Criminal Procedure Law, but was released on bail pending trial.
During the period when the suspected recidivism is put on file for investigation by the judicial organs, the executing organ shall temporarily withhold the deposit paid by it for handling.
After the judgment of the people's court takes effect, it decides whether to confiscate the deposit. Deliberately committing another crime, the deposit shall be confiscated.
; If a crime is committed again due to negligence or does not constitute a crime, the deposit shall be returned.
Article 13 The decision-making organ receives a written notice from the executing organ that the deposit is confiscated or compulsory measures are changed.
After the opinion, the compulsory measures shall be changed within five days or the criminal suspect shall be ordered to pay the deposit again.
Put forward the decision of the guarantor and notify the executing organ.
The relevant provisions of these Provisions shall apply to the procedures for deciding to pay the deposit.
Article fourteenth the executing organ shall announce the decision to confiscate the deposit to the person who has been released on bail pending trial, and inform him that if he does not
After accepting this decision, it may report to the next higher executive organ within five days after receiving the Decision on Confiscation of Margin.
The competent authority shall apply for a review. After receiving the application for review, the competent authority at the next higher level shall make a review within seven days.
Decide.
Fifteenth the decision to confiscate the deposit has passed the application review period or decided to confiscate the deposit after review.
The executing organ at or above the county level shall promptly notify the bank to turn it over to the state treasury in accordance with the relevant provisions of the state.
Sixteenth in the form of a guarantor, the person who has been released on bail pending trial violates the provisions of Article 56 of the Criminal Procedure Law.
The provisions of article, the guarantor fails to report in time, after verification, the execution organ at or above the county level shall notify the guarantor.
A fine ranging from 1000 yuan to 20,000 yuan shall be imposed, and the relevant information shall be notified to the decision-making organ in a timely manner.
Seventeenth executive organs shall announce the decision of fine to the guarantor, and inform him that he is not satisfied with this decision, and may
Within five days from the date of receiving the penalty decision on the guarantor, apply to the competent authority at the next higher level of the executing organ.
Check it again. After receiving the application for review, the competent authority at the next higher level shall make a review decision within seven days.
Article 18 Confiscating the bond for obtaining a guarantor pending trial and imposing a fine on the guarantor are both criminal judicial acts and cannot be put on file.
Political litigation. If a party refuses to accept the review decision, he may appeal to the relevant authorities according to law.
Nineteenth in the form of a guarantor, the executive organ found that the guarantor has lost the guarantee conditions.
, it shall notify the decision-making organ in writing.
After receiving the written notice from the executing organ, the decision-making organ shall order the person who has been released on bail to re-submit the guarantor.
Or pay the deposit, or make a decision to change the compulsory measures, and notify the executing organ.
Article 20 If bail pending trial is about to expire, the executing organ shall notify the decision maker in writing fifteen days before the expiration of the time limit.
The decision-making organ shall make a decision on lifting bail pending trial or changing compulsory measures before the expiration of the time limit.
Notify the executing organ in writing.
After receiving the decision of the decision-making organ to release the bail pending trial or the notice of changing the compulsory measures, the executing organ
, it should be implemented immediately, and the implementation will be notified to the decision-making organs in a timely manner.
Article 21 The person released on bail pending trial did not violate the provisions of Article 56 of the Criminal Procedure Law during his release on bail pending trial.
Set, and did not intentionally commit a crime again, while obtaining a bail pending trial, changing compulsory measures or executing punishment.
The executing organ at or above the county level shall make a decision to refund the deposit and notify the bank to refund the deposit in full.
And notify the decision-making organ in writing.
The executing organ shall promptly announce the decision to refund the deposit to the person who has been released on bail pending trial, and notify him in writing to go to the bank to handle it.
Line to receive a refund of the deposit.
Twenty-second in the investigation or prosecution stage has been taken to bail pending trial, the case transferred to review.
In the litigation or trial stage, it is necessary to continue to obtain bail pending trial, or to change the guarantee method or compulsory measures.
The accepting organ shall make a decision within seven days and notify the executing organ and the transferring organ.
If the organ accepting the case decides to continue to obtain bail pending trial, it shall make a new decision on obtaining bail pending trial. Swear to continue.
If a person is released on bail pending trial, the amount of the deposit will remain unchanged in principle, and no deposit will be collected.
The time limit for obtaining a guarantor pending trial is about to expire, and the organ accepting the case has not yet made a decision to continue obtaining a guarantor pending trial, change the guarantee method or
Where compulsory measures are changed, the executing organ shall notify the accepting organ in writing fifteen days before the expiration of the time limit. accept and hear a case
The organ shall make a decision before the expiration of the original bail pending trial period, and notify the executing organ and the organ transferring the case.
Twenty-third the original decision-making organ shall immediately solve the problem after receiving the decision of the accepting organ to change the compulsory measures.
In addition to the original bail pending trial, the "Decision on Bail Pending Trial" and the "Notice on Bail Pending Trial" were delivered for execution.
The organ or executing organ shall promptly notify the guarantor and guarantor in writing; The organ that accepted the case released bail again.
If it is decided to get a bail pending trial or change the guarantee method, the original bail pending trial will be automatically lifted and the cancellation procedures will no longer be handled.
Article 24 If the defendant is released on bail pending trial, the people's court shall follow the criminal procedure when it decides to hold a hearing.
The relevant provisions of the procedural law shall summon the defendant and notify the executing organ that has obtained bail pending trial.
Article 25 After the judgment of imposing a fine or confiscating property on a person released on bail pending trial takes effect, it shall be dissolved according to law.
Except for bail pending trial, if the deposit belongs to his personal property, the people's court may notify him in writing.
The executing organ shall transfer the deposit to the people's court for execution of the penalty, but the rest shall be returned to the person who has been released on bail pending trial.
Twenty-sixth deposit collection, management and confiscation should be strictly in accordance with these provisions and the provisions of the state financial management.
After the implementation of the system, no unit or individual may intercept, privately divide, misappropriate or deduct in other ways.
In violation of the provisions of deposits received, shall be given administrative sanctions in accordance with the relevant provisions; If the case constitutes a crime, it shall be investigated according to law.
Criminal responsibility.
Twenty-seventh judicial organs and their staff in violation of these provisions, without authorization to collect, confiscate or return bail.
If the deposit is released on bail pending trial, the directly responsible person in charge and other directly responsible personnel shall be investigated for responsibility in accordance with relevant laws and regulations.
Responsibility of members.
Article 28 These Provisions shall come into force as of the date of promulgation.
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Bail pending trial in criminal proceedings refers to a compulsory measure that public security organs, people's procuratorates and people's courts order criminal suspects and defendants who have not been arrested to put forward guarantors or pay bond to ensure that they can be summoned at any time. Below I will give you a detailed analysis of the provisions of bail pending trial from four aspects, hoping to help you.
(1) Applicable conditions for obtaining bail pending trial
1. may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment.
2 may be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social harm.
3. Women who are seriously ill or pregnant and breast-feeding their babies should be arrested.
The release of a criminal suspect or defendant on bail pending trial shall be decided by the public security organ, the people's procuratorate and the people's court according to the specific circumstances of the case. If a public security organ, a people's procuratorate or a people's court decides to obtain a bail pending trial, it shall be executed by the public security organ. If the state security organ decides to get a bail pending trial, if the people's procuratorate or the people's court decides to get a bail pending trial when handling the criminal case transferred by the state security organ, it shall be executed by the state security organ.
(2) Ways of obtaining bail pending trial
Article 53 of the Criminal Procedure Law stipulates that a criminal suspect or defendant who has been released on bail pending trial shall be ordered to put forward a guarantor or pay a deposit. Accordingly, there are two ways to obtain bail pending trial: guarantor guarantee and deposit guarantee. If the same criminal suspect or defendant decides to obtain bail pending trial, the guarantor guarantee and the deposit guarantee cannot be used at the same time.
Guarantor is the person who the criminal suspect or defendant proposes to guarantee for him. The guarantor must meet the following conditions: it is not involved in this case; Have the ability to fulfill the guarantee obligations; The enjoyment of political rights and personal freedom is unrestricted; Have a fixed residence
And income. The public security and judicial organs shall strictly examine whether the guarantor meets the statutory conditions. If the guarantor meets the requirements, he shall inform him of the obligations he must perform and issue a letter of guarantee.
The guarantor shall perform the following obligations: (1) to supervise the guarantor to perform his obligations during the period of bail pending trial stipulated by law; If it is found that the guarantor may or has committed illegal acts, it shall report to the executing organ in time. If the guarantor violates the law and fails to report it in time, after verification, the executing organ at or above the county level will impose a fine of 1000 yuan to 20000 yuan on the guarantor. If the guarantor colludes with the guarantor to help the guarantor escape and refuses to provide the judicial organ with the known hiding place, which constitutes a crime, the guarantor shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. Whether the guarantor who has been released on bail pending trial has fulfilled his guarantee obligations is decided by the public security organ, and the decision on the fine of the guarantor is also made by the public security organ.
(three) the obligations of the person who has been released on bail pending trial
(Article 56 of the Criminal Procedure Law stipulates the obligations that criminal suspects and defendants who have been released on bail pending trial shall abide by, including the following contents:
1. Do not leave the city or county where you live without the approval of the executive organ. A criminal suspect or defendant who has been released on bail pending trial may not leave the city or county where he lives without justifiable reasons. If there is a justifiable reason to leave the city or county where you live, it must be approved by the executing organ. If the people's procuratorate or the people's court decides to obtain a guarantor pending trial, the executing organ shall obtain the consent of the decision-making organ before approving the criminal suspect or defendant to leave the city or county where they live.
2. Attend the arraignment in time. Bail pending trial is only a means, and bail pending trial is the purpose. Therefore, the criminal suspects and defendants who have obtained bail pending trial have the obligation to arrive at the case in time after receiving the summons.
Don't interfere with the witness's testimony in any form.
4. Do not destroy or forge evidence or collude with others.
When executing bail pending trial, the executing organ shall inform the bailed person that he must abide by the above provisions and the consequences that he should bear if he violates the provisions or commits another crime during the bail pending trial.
If a criminal suspect or defendant who has been released on bail pending trial has already paid the deposit in violation of regulations, the deposit shall be confiscated. According to different circumstances, the criminal suspect or defendant may also be ordered to make a statement of repentance, pay a new deposit, put forward a guarantor, monitor residence or arrest.
(4) procedures for obtaining a guarantor pending trial
Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. Criminal suspects, defendants and their legal representatives, close relatives and lawyers in custody shall apply for bail pending trial in written form, and the organ with the right to decide shall give a reply on whether or not to agree within 7 days after receiving the written application. The public security and judicial organs shall agree to those who meet the conditions for obtaining a guarantor pending trial and put forward a guarantor or can pay a deposit, and go through the formalities for obtaining a guarantor pending trial according to law. Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement.
The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than 12 months. (Horizon Law Firm)
Relevant laws and regulations:
Article 51 The people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on bail pending trial or under residential surveillance 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 pending trial, residential surveillance will not cause social danger.
Bail pending trial and residential surveillance shall be carried out by public security organs.
Article 34 A lawyer may apply for bail pending trial if he believes that a criminal suspect in custody meets one of the following conditions:
(1) The circumstances involved by the criminal suspect conform to the provisions of Article 51 of the Criminal Procedure Law;
(2) The criminal suspect is seriously ill;
(3) The criminal suspect is pregnant or breastfeeding his own baby;
(four) the detention measures taken by the investigation organ against the criminal suspect have exceeded the statutory time limit;
(5) Other conditions for obtaining bail pending trial as prescribed by law. 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 51 The people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on bail pending trial or under residential surveillance 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 pending trial, residential surveillance will not cause social danger.
Bail pending trial and residential surveillance shall be carried out by public security organs.
Article 52 A criminal suspect or defendant in custody, his legal representative or his near relatives have the right to apply for bail pending trial.
Article 53 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 54 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.
Article 55 A guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 56 of this Law;
(2) If it is discovered that the warrantee may or has violated the provisions of Article 56 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 56 of this Law and the guarantor fails to report in time, the guarantor shall be fined, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 56 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(four) shall not destroy or forge evidence or collusion.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence and be arrested. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.
Article 58 The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail pending trial for more than twelve months, and shall not keep him 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.
Article 60 If there is evidence to prove that there are criminal facts, and the criminal suspect or defendant may be sentenced to fixed-term imprisonment or more, it is not enough to take measures to prevent social dangers such as obtaining a bail pending trial and residential surveillance, but if it is necessary to arrest, it shall be arrested immediately according to law.
If the criminal suspect or defendant who should be arrested suffers from serious illness, or a pregnant woman who is breastfeeding her baby, she may be released on bail pending trial or under residential surveillance.