Criminal Procedure Law of the People's Republic of China
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.
Problems existing in expanding the application of information to bail pending trial
1, the law is flexible.
Article 5 1 of China's criminal procedure law stipulates the scope of application of bail pending trial. According to the spirit of this provision, bail pending trial is only applicable to crimes with minor circumstances, insufficient conditions for arrest or crimes that should be arrested. However, because this provision is too general and principled, it lacks maneuverability, especially the standard of "bail pending trial will not cause social danger" is uncertain, which is completely decided by the case handlers according to their own subjective judgment. These judgments are often biased because they are divorced from objective reality.
2. PICC and property insurance are used at the same time.
Article 53 of the Criminal Procedure Law and Article 4 of the Provisions of the Ministry of Education and institutions of higher learning on Several Issues Concerning Bail Pending Trial stipulate that if the same criminal suspect or defendant decides to get a bail pending trial, he may not use both a guarantor and a bond guarantee. However, in the application of guarantee methods, most case-handling organs decide to give priority to providing a higher amount of deposit guarantee when they are released on bail pending trial, and often order criminal suspects and defendants to provide guarantors after receiving the deposit.
People's Network-Analysis of Problems and Countermeasures in the Practice of Bail Pending Trial