Bail pending trial is only a compulsory measure in criminal proceedings, which does not mean closing the case. Whether to sentence or not needs to be determined by the people's court according to the facts of the case and the law. Bail pending trial, right? This is the idea of many family members and parties, but lawyers should remind them that this is a complete misunderstanding. After bail pending trial, the case will not be closed and will be transferred to the procuratorate for review and prosecution. After the prosecution, it will be sent to the court for trial. After the trial, a judgment will be made in a short time, and the court will pronounce the defendant who is released on bail pending trial according to the judgment in court. Decision-making organs on bail pending trial: public security organs, people's procuratorates and people's courts all have the right to decide on bail pending trial. In other words, in the three procedures of criminal proceedings, investigation, prosecution and trial can all apply for bail pending trial. Those who applied for bail pending trial in the previous stage may still apply in the latter stage, and the organ accepting the case shall make a new decision on bail pending trial. Initiation of bail pending trial: the application for bail pending trial can be decided voluntarily by the case undertaker or after the family members or lawyers apply for bail pending trial. Applicable object of obtaining a guarantor pending trial: According to the Criminal Procedure Law and the relevant explanations of the Criminal Procedure Law of the Ministry of Public Security, the Supreme People's Court and the Supreme People's Procuratorate, a criminal suspect or defendant can obtain a guarantor pending trial under the following circumstances: 1, and may be sentenced to public surveillance, criminal detention or independent application of additional punishment. 2, may be sentenced to more than fixed-term imprisonment, bail pending trial will not cause social danger. 3, should be caught, but suffering from serious diseases. 4. Women who are pregnant and breast-feeding babies under one year old should be arrested. 5. For the criminal suspect in custody, the evidence does not meet the conditions for arrest. 6. After the request for arrest, the procuratorial organ refuses to approve the arrest and needs reconsideration and review. 7, after the transfer of prosecution, the procuratorial organ decided not to prosecute, the need for reconsideration. 8. The case of detaining a criminal suspect or defendant cannot be settled within the time limit for investigation and detention, the time limit for examination and prosecution, and the time limit for first instance and second instance stipulated in the Criminal Procedure Law. 9. Holders of valid passports and valid entry-exit documents can leave the country to evade investigation, but they do not need to be arrested.
Legal objectivity:
Article 67 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may obtain bail pending trial for criminal suspects and defendants under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional 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.