1. Bail pending trial is one of the criminal compulsory measures. It refers to a compulsory measure that the Public Prosecution Law orders criminal suspects and defendants who have not been arrested to put forward a guarantor or pay a deposit to ensure that they can be summoned at any time to prevent them from evading investigation, prosecution and trial.
2. Applying for bail pending trial needs to meet the conditions and procedures prescribed by law. After submitting an application for bail pending trial, the Public Prosecution Law will make a decision according to the specific circumstances of the case and then hand it over to the public security organ for execution. Cases involving national security are executed by state security organs.
At the same time, bail pending trial has a time limit. The longest time for criminal suspects and defendants to obtain bail pending trial in the Public Prosecution Law shall not exceed 12 months, and they must be released at the expiration.
After receiving the relevant legal documents and materials, the public security organ shall immediately hand them over to the public security organ at the county level where the criminal suspect lives for execution. The county-level public security organ in charge of execution shall verify the identities and related materials of the guarantor and guarantor within 24 hours, report to the person in charge of the county-level public security organ, and notify the police station where the suspect lives to execute.
According to Article 95 of the Civil Procedure Law, criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.
Criminal compulsory measures are a method that the state authorizes criminal judicial organs to restrict the personal freedom of criminal suspects and defendants to a certain extent in order to ensure the smooth progress of investigation, prosecution and trial activities. Obviously, in order to ensure the smooth progress of criminal proceedings, criminal judicial organs must have the right to take compulsory measures against criminal suspects and defendants. However, criminal coercive measures are also a "double-edged sword" because they are related to citizens' personal freedom. If implemented correctly, the task of punishing crimes can be completed accurately and timely. Wrong implementation will infringe on citizens' personal freedom. Therefore, all countries have set strict conditions and procedures for taking criminal compulsory measures.
How long does it take to handle the change compulsory measures?
It takes three days to apply for changing compulsory measures. The Criminal Procedure Law of People's Republic of China (PRC) stipulates that criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 97 of the Criminal Procedure Law of People's Republic of China (PRC)
Applicants, criminal suspects, defendants and their legal representatives, close relatives or defenders who change compulsory measures have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.
Article 98
If the case of detaining a criminal suspect or defendant cannot be settled during the period of detention, and cannot be settled within the time limit of investigation and detention, examination and prosecution, first instance and second instance stipulated in this Law, the criminal suspect or defendant shall be released; If it is necessary to continue verification and trial, the criminal suspect or defendant may be released on bail pending trial or under residential surveillance.
Article 99
The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures have expired, release him on bail pending trial, place him under residential surveillance or change the compulsory measures. When the statutory time limit for the people's court, the people's procuratorate or the public security organ to take compulsory measures expires, the criminal suspect, the defendant and his legal representative, close relatives or defenders have the right to demand the cancellation of compulsory measures.