If a detained criminal suspect and his legal representative, close relatives or lawyers hired by an arrested criminal suspect apply for bail pending trial, they shall submit a written application to the public security organ.
If the public security organ agrees to obtain a guarantor pending trial, it shall go through the formalities of obtaining a guarantor pending trial according to law; If the applicant does not agree to obtain bail pending trial, it shall notify the applicant in writing and explain the reasons.
If the public security organ decides to release the criminal suspect on bail pending trial, it shall order the criminal suspect to put forward a guarantor or pay a deposit. The same criminal suspect shall not be ordered to put forward a guarantor and pay a deposit at the same time. The amount of the security deposit shall be determined according to the local economic development level, the economic situation of the criminal suspect, the nature, plot, social harm and the severity of possible punishment.
Relevant provisions on bail pending trial
The public security organ shall not interrupt the investigation of the case during the period of bail pending trial, and the criminal suspect who is released on bail pending trial must abide by the following provisions:
1. Do not leave the city or county where you live without the approval of the executive organ;
2. Arrive in time for arraignment;
3. Do not interfere with the testimony of witnesses in any form;
4. Never destroy or forge evidence or collude with others.
If a criminal suspect violates the regulations during the period of obtaining a guarantor pending trial, the public security organ decides to confiscate part or all of the deposit according to the circumstances of his illegal act, and according to different circumstances, it shall order him to make a statement of repentance, pay the deposit, put forward a guarantor pending trial or monitor his residence, and submit an application for approval of arrest.
If the criminal suspect did not violate the regulations during the period of obtaining a guarantor pending trial, the public security organ will return the deposit in full to the criminal suspect while releasing the guarantor pending trial.
Conditions for obtaining bail pending trial
1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2. Those who may be sentenced to more than fixed-term imprisonment shall be released on bail pending trial, so as not to cause social danger;
3. The criminal suspect who should be arrested is seriously ill, or a pregnant woman who is breastfeeding a baby under one year old;
4. For the detained criminal suspect, the evidence does not meet the conditions for arrest;
5. After the request for arrest, the procuratorial organ refuses to approve the arrest and needs reconsideration;
6. The case in which the criminal suspect is detained cannot be settled within the statutory time limit, and the investigation needs to be continued;
7, after the transfer of prosecution, the procuratorial organ decided not to prosecute, the need for reconsideration and review.
For recidivists, principal criminals of criminal groups, criminal suspects who injure themselves or injure themselves to avoid investigation, criminal suspects who endanger national security, criminal suspects who commit violent crimes and criminal suspects who commit other serious crimes, they shall not be released on bail pending trial.
Application process of bail pending trial and matters needing attention
Bail pending trial means that a criminal suspect in criminal detention is temporarily free under certain conditions and does not need to be detained when the case is further tried. When applying for bail pending trial, you need to follow certain procedures and pay attention to some matters.
First of all, the criminal suspect or his agent needs to apply to the public security organ or the court for bail pending trial, fill in the relevant forms and provide the necessary supporting materials. Applicants need to explain the case in detail and provide adequate guarantee measures, such as providing guarantors and property mortgages.
Secondly, the public security organ or the court will review the application and conduct investigation and evidence collection. In this process, the applicant needs to actively cooperate, provide relevant evidence and assist in the investigation. At the same time, the applicant also needs to pay a certain amount of bail pending trial.
Finally, the public security organ or the court shall decide whether to approve the application for bail pending trial according to the relevant laws and cases. If approved, the applicant needs to pay the deposit in accordance with the regulations and abide by the relevant restrictions and constraints, such as not leaving the designated area and not contacting the victims.
When applying for bail pending trial, the applicant should pay attention to the following matters: ensure the authenticity and integrity of the application materials, actively cooperate with the investigation, abide by relevant restrictions and constraints, and pay the deposit in time.
In a word, the application process of bail pending trial is complicated and there are certain legal risks. Applicants should fully understand the relevant laws and regulations, and be careful in handling the formalities to ensure the smooth progress of the application.
Legal basis:
Criminal Procedure Law of People's Republic of China (PRC) (as amended on 20 18);
Chapter VI Compulsory Measures Article 79 The people's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail pending trial for more than twelve months, and shall not keep them under residential surveillance for more than six months. During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.