Bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). It means that in criminal proceedings, the public security organs, people's procuratorates, people's courts and other judicial organs order criminal suspects and defendants who are not arrested or need to change compulsory measures after arrest to put forward guarantors or pay deposits to ensure their availability at any time.
As long as the guarantor fulfills his guarantee obligations in accordance with relevant regulations, he will not bear legal responsibility. If a criminal suspect dies while being released on bail pending trial, the guarantor shall not bear criminal responsibility.
Article 68 of the Criminal Procedure Law stipulates that a guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 69 of this Law.
(2) If it is discovered that the warrantee may or has violated the provisions of Article 69 of this Law, it shall promptly report to the executing organ.
If a guarantor violates the provisions of Article 69 of this Law and fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.
Criminal Procedure Law Article 69 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(2) Not meeting or communicating with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.