The conditions for obtaining bail pending trial are as follows:
1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2, may be sentenced to more than fixed-term imprisonment, taking bail pending trial will not cause social danger;
3. Suffering from serious illness, unable to take care of themselves, pregnant or nursing a baby, and taking bail pending trial will not cause social danger;
4, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
How long is the time limit for bail pending trial?
1. The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months, and the longest period of residential surveillance shall not exceed six months.
2. 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.
3, the people's Procuratorate decided to bail a criminal suspect, the longest shall not exceed twelve months.
If the public security organ decides to release the criminal suspect on bail pending trial, and the case needs to be released on bail pending trial after being transferred to the people's procuratorate for examination and prosecution, the people's procuratorate shall go through the formalities of release on bail pending trial according to law. The time limit for obtaining bail pending trial is recalculated, and the criminal suspect is informed. I hope the above content can help you. If you have any other questions, you can click the button below or consult a professional lawyer in Hualv.com. ..
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Legal basis:
Article 71 of the Criminal Procedure Law of People's Republic of China (PRC)
Bailer's obligations and legal consequences of breach of obligations. Criminal suspects and defendants who have 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.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.
If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.