i. Conditions for obtaining bail pending trial
1. You can be sentenced to public surveillance, criminal detention or apply additional punishment independently. If a criminal suspect or defendant who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment commits a minor crime, there is no need for arrest, there is a danger of evading investigation, prosecution and trial, or other circumstances that hinder the smooth progress of litigation, he shall be released on bail pending trial.
2. Those who may be sentenced to more than fixed-term imprisonment and adopt bail pending trial and residential surveillance will not cause social danger. The power of fixed-term imprisonment is greater than that of public surveillance and criminal detention, and the criminal suspect or defendant who may be sentenced to fixed-term imprisonment or more is guilty of a serious crime. If there is no social danger after taking bail pending trial and there is no need for arrest, bail pending trial can be adopted
II. Procedures for bail pending trial
1. Apply for bail pending trial.
detained criminal suspects and defendants, their legal representatives and close relatives have the right to apply for bail pending trial. After a criminal suspect is arrested, his lawyer can apply for bail pending trial. The application for bail pending trial shall be in written form.
2. The decision to obtain bail pending trial.
the public security organ, the people's procuratorate and the people's court shall, within seven days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a criminal suspect or defendant decides to get a bail pending trial, it shall 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 Getting a Bail Pending Trial" and a "Notice on Execution of Getting a Bail Pending Trial" shall be made, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit.
those who do not meet the statutory conditions for obtaining a guarantor pending trial will not agree to obtain a guarantor pending trial. If the applicant does not agree to obtain bail pending trial, it shall inform the applicant and explain the reasons.
in addition, the judicial organs can decide to get bail pending trial according to the needs of the case.
3. Execution of bail pending trial.
The executing organ of bail pending trial is the public security organ. The public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, and ask them to sign or seal it, and inform them of the regulations that should be observed during the period of bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
when handling bail pending trial, we should comprehensively consider whether the criminals in the case pose a threat to the society again or whether the criminal impact of the case is small. Those who meet the conditions of bail pending trial can be dealt with bail pending trial. Lawyers and relatives of the case may apply to the procuratorial department, and after verification, they can apply for bail pending trial to supervise the normal life of criminals.
legal basis
criminal procedure law of the people's Republic of China
article 17 the people's procuratorate shall examine the cases transferred for prosecution by supervisory organs in accordance with the relevant provisions of this law and the supervisory law. If the people's procuratorate considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may also make supplementary investigation on its own if necessary.
For the case of detention measures transferred by the supervisory organ for prosecution, the people's procuratorate should detain the criminal suspect first, and the detention measures will be automatically lifted. The people's procuratorate shall, within ten days after detention, make a decision on whether to arrest, get a guarantor pending trial or monitor residence. Under special circumstances, it can be extended for one to four days. The period when the people's procuratorate decides to take compulsory measures shall not be counted in the period of examination and prosecution.
Article 67 The people's courts, people's procuratorates and public security organs may obtain bail pending trial for a criminal suspect or defendant under any of the following circumstances:
(1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment;
(2) it may be sentenced to fixed-term imprisonment or more, and it will not cause social danger if it is released on bail pending trial;
(3) Being seriously ill, unable to take care of himself, pregnant or nursing his own baby, and taking bail pending trial will not cause social danger;
(4) the detention period expires, and the case has not been completed, so it is necessary to get a bail pending trial.
bail pending trial shall be executed by the public security organ.