If bail pending trial is about to expire, the executing organ shall notify the decision-making organ in writing fifteen days before the expiration of the time limit, and the decision-making organ shall make a decision to lift bail pending trial or change compulsory measures, and notify the executing organ in writing before the expiration of the time limit. The key depends on whether the court makes a guilty or innocent judgment, whether the crime is serious or light, and whether criminal responsibility will be investigated after the expiration of bail pending trial.
Article 66 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, summon a criminal suspect or defendant, obtain a guarantor pending trial or place him under residential surveillance.
Article 67 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
Extended data source
Criminal Procedure Law of the People's Republic of China
Article 71 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.
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.
Article 72 The organ that decides to obtain a guarantor pending trial shall comprehensively consider the need to ensure the normal proceedings, the social danger of the person on bail pending trial, the nature and circumstances of the case, the severity of the possible penalty, the financial situation of the person on bail pending trial and other factors. And determine the amount of the deposit.
The person who provides the deposit shall deposit the deposit into the special bank account designated by the executing organ.
Article 73 If a criminal suspect or defendant did not violate the provisions of Article 71 of this Law during the period of obtaining a guarantor pending trial, he shall, after the completion of obtaining a guarantor pending trial, collect the returned deposit from the bank with the notice of obtaining a guarantor pending trial or relevant legal documents.