(1) Applicable conditions for obtaining bail pending trial
1. You may be sentenced to public surveillance, criminal detention or apply additional punishment independently.
2 He may be sentenced to more than fixed-term imprisonment, and the 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 public security organs, the people's procuratorates and the people's courts shall decide whether a criminal suspect or defendant is released on bail pending trial 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.
(II) Ways of obtaining a guarantor 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 that the criminal suspect and the defendant put forward 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 in time, after verification, the executing organ at or above the county level shall impose a fine of 1 yuan to 2, 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.
(III) Obligations of persons 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. Without the approval of the executing organ, they shall not leave the city or county where they live. 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.
3. Don't interfere with the witness's testimony in any form.
4. Do not destroy, forge evidence or collude.
when executing the bail pending trial, the executing organ shall inform the bailee that he must abide by the above provisions, and the consequences 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 will 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.
(IV) 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 obtaining a guarantor 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.
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.