Bail pending trial is a compulsory measure stipulated by China law. It refers to a compulsory measure that the 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 being arrested to put forward a guarantor or pay a deposit, and issue a letter of guarantee to ensure that they can be used at any time to prevent them from evading investigation, prosecution and trial, and not to detain them or temporarily release them.
According to the relevant laws and regulations, 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:
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.
Bail pending trial shall be executed by the public security organ.
Criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions:
1. Do not leave the city or county where you live without the approval of the executive organ;
2, address, work unit and contact information changes, report to the executive organ within twenty-four hours;
3. Arrive in time for arraignment;
4. Do not interfere with the testimony of witnesses in any form;
5. Do not destroy or forge evidence or collude with others.
Legal basis: Article 68 of the Criminal Procedure Law of People's Republic of China (PRC).
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 69 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) Having a fixed residence and income.