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 liability should not be pursued, or if the period of bail pending trial or residential surveillance has expired, the bail pending trial or residential surveillance shall be terminated in a timely manner. When releasing a person who is on bail pending trial or under residential surveillance, the person who is on bail pending trial or under residential surveillance and the relevant units shall be notified in a timely manner. Therefore, if there is no violation of the regulations on bail pending trial and no intentional crime again during the period of bail pending trial, the bail pending trial should be lifted and the deposit refunded at the end of the period. If the bail pending trial period has expired and the public security organs have not made other decisions, the criminal suspect may file an administrative lawsuit with the public security organs.
Procedures for release on bail pending trial
1. Apply for release on bail pending trial.
Criminal suspects, defendants, their legal representatives, and close relatives have the right to apply for release on bail pending trial. If a criminal suspect is arrested, his lawyer may apply for release on bail pending trial. Applications for release on bail pending trial must be made in writing.
2. Decision to release on bail pending trial.
After receiving the application for bail pending trial, the public security organs, people's procuratorates, and people's courts shall respond within 7 days whether they agree or disagree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it must be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate, or the president of the people's court for approval, and a "Decision on Release on Bail pending trial" and a "Notice on Release on Bail pending trial" shall be issued, and the order The criminal suspect or defendant shall provide a guarantor or pay a deposit.
Those who do not meet the statutory conditions for release on bail pending trial shall not be allowed to agree to be released on bail pending trial. If the applicant does not agree to be released on bail pending trial, the applicant shall be notified and the reasons for the disagreement shall be explained.
In addition, according to the needs of the case, the judicial authorities can decide on their own to release the person on bail pending trial.
3. Implement bail pending trial.
The enforcement agency for bail pending trial is the public security agency. When executing, the public security organs shall read the "Decision on Release on Guarantee" to the criminal suspect or defendant, order them to sign or seal it, and inform them of the regulations that they must abide by during the period of release on bail. If a criminal suspect or defendant does not violate the provisions of Article 56 of the Criminal Procedure Law while on bail pending trial, the public security agency responsible for enforcement shall return the security deposit to the criminal suspect or defendant after the expiration of the bail pending trial period and notify the guarantor of the cancellation. guarantee.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Article 72 of the "Criminal Law of the People's Republic of China"
Criminals who are sentenced to criminal detention or fixed-term imprisonment of not more than three years shall also meet the following requirements: A suspended sentence may be issued under the following conditions. People under the age of 18, pregnant women, and people over the age of 75 may be sentenced to a suspended sentence:
(1) The crime is relatively minor;
(2) Shows repentance;
(3) There is no risk of committing another crime;
(4) The suspended sentence will have no significant adverse impact on the community where he or she lives.