After being released on bail pending trial, the police handling the case summons, usually to further verify relevant evidence and facts. Some police will summon the parties before the case is transferred to the procuratorate, inform them of the follow-up process, and sign relevant litigation materials, such as Collect the fingerprints of the parties, sign litigation documents, etc. The parties can cooperate with the case handlers to sign on procedural issues, but when it comes to case facts, evidence materials, etc., they must carefully check the records made by the case handlers based on the actual confessions, and confirm that they are correct before signing. confirm.
When the police handling the case is summoned, they may serve materials such as appraisal opinions. For example, the value appraisal results of property crime cases are completed after the parties are released on bail pending trial, and the audit reports involved in most economic cases , were all produced after the parties were released on bail pending trial, and some had not even completed the audit until the trial stage.
After being released on bail pending trial for nearly 12 months, the procuratorate summoned the parties relatively frequently. Prosecutors usually summoned the parties in two or three times. The first time was usually a procedural summons. Many prosecutors did not deal with procedural issues. Leave all the work to the prosecutor's assistant. The method of summons is mostly to inform the relevant rights and obligations in a general way, sign a notice of rights and obligations, and inform the parties that the case has been transferred to the procuratorate for review. If the case has been transferred to the procuratorate for review and prosecution, you can entrust a lawyer to review the files (a very small number of procuratorates will tell you that you do not need to entrust a lawyer yourself, and will directly assign a public interest lawyer to handle the case).
The second summons is generally received by the prosecutor in person, mainly to inquire about the basic situation of the case and understand the facts of the case. Different prosecutors will have different styles. Some prosecutors will directly transfer the summons produced by the public security agency. The transcripts are printed out and handed directly to the parties for signature. Some prosecutors will interrogate the parties again and review them again based on the transcripts produced by the parties during the public security stage.
At this stage, the parties involved must take it seriously. For any content that was not truthfully confessed during the public security stage, especially those case facts that are beneficial to them, and the police handling the case that were not implemented in the transcripts, they must contact the prosecutor handling the case. Official explanation. When the case reaches the procuratorate for review and prosecution, the parties can entrust a lawyer to review the case file materials. The lawyer can review all the evidence materials collected by the public security organs from the beginning of the case, understand the evidence materials in advance, and facilitate a comprehensive analysis of the case and find a defense perspective that is beneficial to the parties. Especially when the case itself is controversial and the parties believe they are not guilty or there are circumstances leading to a lighter punishment, they must entrust a lawyer to provide professional help in a timely manner.
The third interrogation can be combined with the second interrogation, or it can be conducted separately, that is, to determine whether the party concerned voluntarily applies for leniency procedures for pleading guilty and accepting punishment. At this stage, the prosecutor will make sentencing recommendations, and the sentencing recommendations may be It is an accurate sentencing, or it may be a sentencing range. It is recommended that the parties consult a local lawyer who specializes in criminal defense in advance, because prosecutors in various places will have different case handling styles
People's courts, people's procuratorates and public security agencies According to the circumstances of the case, criminal suspects and defendants who are released on bail pending trial may be ordered to comply with one or more of the following regulations:
(1) Not to enter specific places;
(2) You are not allowed to meet or contact specific people;
(3) You are not allowed to engage in specific activities;
(4) Passports and other entry-exit documents and driving licenses are handed over to the enforcement agency for safekeeping.
If a criminal suspect or defendant who is out on bail awaiting trial and pays a security deposit in violation of the provisions of the preceding two paragraphs, part or all of the security deposit shall be confiscated and, depending on the severity of the case, ordered to repent, pay a new security deposit, or provide a guarantor, or be under surveillance Residence, or arrest.
For those who violate the provisions on bail pending trial and need to be arrested, the criminal suspect or defendant may be detained first.
Legal basis:
"Criminal Procedure Law of the People's Republic of China"
Article 69 Criminal suspects and defendants who are released on bail pending trial shall comply with the following Provisions:
(1) No one shall leave the city or county where they live without the approval of the enforcement agency;
(2) If the address, work unit, or contact information changes, arrest may be made . If there are any changes in the , work unit or contact information, report to the enforcement agency within 24 hours;
(3) Arrive in time at the time of arraignment;
(4) Do not use any Interfering with witness testimony;
(5) Shall not destroy, fabricate evidence or collude in confession.