What does it mean to be released on bail in 2023?
1. What do you mean by bail?
Bail pending trial means that in criminal proceedings, the people's courts, people's procuratorates or public security organs order some criminal suspects and defendants to put forward guarantors or pay a deposit, so as to ensure that the criminal suspects and defendants do not evade or obstruct the investigation, prosecution and trial and are available at any time. Bail pending trial shall be executed by the public security organ. Bail pending trial only restricts, not deprives, the personal freedom of criminal suspects and defendants, which is a relatively light compulsory measure.
Two, there are two ways to get a guarantor pending trial:
1, one is to put forward the guarantor's guarantee. That is to say, the person who is released on bail pending trial should put forward a qualified person as his guarantor, and this guarantor should bear the obligations stipulated by law to ensure that the guaranteed person can be on call. If the person released on bail violates the regulations and the guarantor fails to report in time, the guarantor shall be fined. If a crime is constituted, criminal responsibility shall be investigated according to law.
2. One is to provide a deposit. If a criminal suspect or defendant is released on bail pending trial, he shall pay a certain amount of cash as a guarantee. In violation of the relevant provisions, the deposit shall be confiscated, and the criminal suspect and defendant shall be ordered to make a statement of repentance, re-pay the deposit, put forward a guarantor or monitor their residence and be arrested according to the circumstances. If the criminal suspect or defendant does not violate the relevant provisions during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.
If the same criminal suspect or defendant decides to obtain bail pending trial, the guarantor guarantee and the deposit guarantee cannot be used at the same time.
3. What are the conditions for obtaining bail pending trial?
1. Application for bail pending trial:
According to the provisions of China's Criminal Procedure Law, those who have the right to apply for bail pending trial include: criminal suspects, defendants and their legal representatives, close relatives and lawyers hired.
2. Applicable conditions for obtaining a guarantor pending trial:
Article 67 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:
(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, and obtaining a bail pending trial will not cause social danger;
(3) Women who should be arrested according to law, but who are seriously ill or are pregnant or nursing babies, should not be arrested;
(four) after interrogation and examination, the criminal suspect detained according to law thinks it is necessary to arrest but the evidence is insufficient;
(5) The criminal suspect or defendant who has been arrested or detained cannot close the case within the statutory time limit of investigation and detention, examination and prosecution, first instance and second instance, and adopts bail pending trial, which is not harmful to society;
(6) A criminal suspect who holds a valid passport or other valid exit documents may leave the country to evade investigation, but does not need to be arrested;
(seven) after the request for approval of arrest, the procuratorial organ refuses to approve the arrest and needs reconsideration and review;
(8) After being transferred for prosecution, the procuratorial organ decides not to prosecute and needs reconsideration and review;
To sum up, through the above contents, you can have a certain understanding of what it means to be released on bail pending trial. The way of obtaining bail pending trial is guaranteed by the guarantor. If the guarantor violates the regulations, he will be fined and the defendant will pay a certain amount of cash to provide a deposit. If he violates the relevant regulations, the deposit will be confiscated. Those who may be sentenced to public surveillance, criminal detention or independent application of additional punishment may be released on bail pending trial.