Bail pending trial does not mean that you don't have to go to jail, but you don't have to detain and arrest for the time being. Whether to go to jail depends on the final judgment of the court.
1. If the arrest is not approved, the people's procuratorate shall explain the reasons and notify the public security organ at the same time if supplementary investigation is needed. ?
2. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate for execution. If it is necessary to continue the investigation and meet the conditions for obtaining a guarantor pending trial or residential surveillance, the guarantor pending trial or residential surveillance shall be lifted according to law.
Article 65 of the Criminal Procedure Law clearly stipulates that 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 and residential surveillance shall be carried out by public security organs.
Article 52? Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial.
Article 66? When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Article 67? The guarantor must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.
Article 68? The guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 56 of this Law;
(2) If it is discovered that the warrantee may or has violated the provisions of Article 56 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 56 of this Law and the guarantor fails to report in time, the guarantor shall be fined, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 69? 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;
(2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(four) shall not destroy or forge evidence or collusion.
Extended data:
First, the legal provisions of bail pending trial?
Article 52 A criminal suspect or defendant in custody, his legal representative or his near relatives have the right to apply for bail pending trial. ?
Article 53 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit. ?
Article 54 A guarantor must meet the following conditions:
(1) is irrelevant to this case; ?
(2) Having the ability to perform the guarantee obligations?
(three) enjoy political rights and personal freedom is not restricted; ?
(4) Have a fixed residence and income?
Article 55 A guarantor shall perform the following obligations:
(1) to supervise the warrantee to abide by the provisions of Article 56 of this Law?
(2) If it is discovered that the warrantee may or has violated the provisions of Article 56 of this Law, it shall promptly report to the executing organ. If the warrantee violates the provisions of Article 56 of this Law and the guarantor fails to report in time, the guarantor shall be fined, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. ?
Article 56 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; ?
(2) Being present in time when being arraigned; ?
(3) Do not interfere with the testimony of witnesses in any form?
(four) shall not destroy or forge evidence or collusion. ?
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence and be arrested. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial. ?
This is the most important legal basis for judicial organs to handle bail pending trial. The so-called "possible punishment" in the first case mentioned above refers to the possible punishment determined by the judicial personnel who undertake the case according to the suspected criminal facts preliminarily identified by the judicial organs. It does not refer to the statutory maximum penalty of a certain clause of the criminal law violated by the actions of criminal suspects and defendants, nor does it refer to the statutory maximum penalty of a crime stipulated in this clause.
In the second case, the so-called "it may be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social danger" means that according to the suspected criminal facts that have been ascertained by the judicial organs, although it can be determined that the crime committed is serious, it should be sentenced to more than fixed-term imprisonment according to the corresponding criminal law, but bail pending trial will not cause social danger.
A criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). In criminal proceedings, public security organs, people's procuratorates, people's courts and other judicial organs order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a letter of guarantee to ensure that they are available at any time and are not detained or temporarily executed outside prison.
Handled by the public security organs. Objectively speaking, after a criminal suspect is detained, the most important thing to consider, which is also the most time-consuming and energy-consuming behavior, is to obtain bail for him.
References:
Baidu encyclopedia-bail pending trial