Bail pending trial will not exempt the defendant from criminal responsibility, but to some extent, it limits the defendant's personal freedom to ensure his obligation to appear in court and not evade judicial responsibility. The trustee must abide by certain restrictions and requirements, such as not leaving the designated residence and not contacting the victims, witnesses or other relevant personnel.
The bail process usually includes the following steps:
1. Application for bail: A detained criminal suspect or defendant may entrust a lawyer or relatives to apply for bail to the relevant authorities. To apply for bail pending trial, you need to provide relevant evidence, such as proof of fixed residence, proof of work, proof of family status, etc.
2. Review the application: The relevant authorities will review the application materials to determine whether the applicant meets the conditions for bail. The applicant's social relations, economic situation, criminal suspicion, escape risk and other factors will usually be considered during the review;
3. Make a bail plan: If the applicant meets the conditions for bail, the relevant authorities will make a bail plan, including the way of bail, the amount of bail, the number of bail, etc. The ways of obtaining a guarantor pending trial usually include property obtaining a guarantor pending trial, personal obtaining a guarantor pending trial and residential surveillance.
4. Pay bail: If property bail is adopted, the applicant needs to pay bail. The amount of bail is usually determined according to the applicant's financial situation and criminal suspicion, and a receipt for bail will be received after payment;
5. Sign a bail agreement: the applicant needs to sign a bail agreement and promise to abide by the bail conditions, not to escape, not to commit crimes, not to be interviewed, etc. At the same time, bail pending trial also needs to sign a letter of guarantee and promise to supervise the applicant;
6. Leave the detention center: If the applicant successfully passes the bail pending trial, he can leave the detention center and return to his home or designated residence. During the period of bail, the applicant needs to abide by the bail agreement, report regularly and accept supervision.
To sum up, bail pending trial is an important system in criminal proceedings, which can protect the legitimate rights and interests of applicants, but it also needs strict examination and management. Applicants need to carefully understand the procedures and conditions for obtaining bail pending trial, and actively cooperate with the examination and supervision of relevant authorities in order to better safeguard their rights and interests.
Legal basis:
Article 67 of the Criminal Procedure Law of People's Republic of China (PRC)
The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant 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 will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.