The bond system for obtaining a guarantor pending trial refers to the public security organ, the people's procuratorate and the people's court ordering the criminal suspect and defendant to pay the bond and issue a letter of guarantee to ensure that they will not evade or hinder the investigation, prosecution and trial during the period of obtaining a guarantor pending trial. Deposits can only be in currency, including China currency and foreign currency convertible in financial institutions in China.
How much deposit should I pay for bail pending trial? The relevant laws of our country have made the following provisions:
1, Provisions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of National Security on Several Issues Concerning Bail Pending Trial (1) If bail is obtained in the form of bond pending trial, the minimum amount of deposit is 1000 yuan.
Comprehensive consideration should be given to the social risks of criminal suspects and defendants, the plot and nature of the case, the severity of possible punishment, the economic situation of criminal suspects and defendants, the level of local economic development and other factors. The amount of the deposit is determined.
2, the provisions of the Ministry of public security on bail pending trial:
(1) The amount of the deposit shall be determined according to the local economic development level, the financial situation of the criminal suspect, the nature, circumstances, social harmfulness and the severity of possible punishment of the case.
(two) for economic crimes, crimes against property or other crimes that cause property losses, the amount of the deposit can be determined according to one to three times the amount involved or the amount of direct property losses;
(3) For other criminal offences, according to the different circumstances of the case, the standard of deposit amount can be determined between 2,000 yuan and 50,000 yuan.
Note: The public security departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government shall, according to the nature and social harmfulness of different types of cases, and in combination with the local economic development level, determine the standard of the amount of the deposit collected in the local area and the standard of the amount approved by the public security organs at or above the prefecture level.
2. Can I refund the bail pending trial?
1. If the criminal suspect did not violate the provisions of Article 56 of the Criminal Procedure Law during the period of bail pending trial, the public security organ shall return the deposit in full to the criminal suspect while releasing the bail pending trial.
Article 56 stipulates: Obligations of a person released on bail pending trial.
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(four) shall not destroy or forge evidence or collusion.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence and be arrested. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.
2, decided to return the deposit, should go through strict examination, approved by the person in charge of the public security organ at or above the county level, issued a "decision" to return the deposit.
3. After the public security organ decides to return the deposit of the criminal suspect, it shall notify the designated bank to return the deposit to the criminal suspect in full while the criminal suspect is released on bail pending trial, and order the criminal suspect to sign or seal the decision on returning the deposit.
Therefore, if the person on bail does not violate the relevant provisions of the law during the period of bail pending trial, the deposit for bail pending trial shall be returned. Siyang lawyer/Siyang