Bail pending trial refers to a powerful measure that the investigation organ orders the criminal suspect to provide a guarantor or pay a deposit and issue a letter of guarantee to ensure that he does not evade or hinder the investigation, which is always available.
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.
Like criminal detention and arrest, it is a powerful measure in the process of criminal proceedings, and it is a conditional bail pending trial, which does not mean that the case is closed and the parties are innocent. There is no direct relationship between bail pending trial and judgment, but from the perspective of judicial practice, all those who can get bail pending trial are misdemeanors, the judgment will not be too heavy, and the chances of winning probation are also great.
The conditions for refusing to get a bail pending trial are: (1) The people's procuratorate will not get a bail pending trial for criminal suspects who seriously endanger public order and other criminal suspects with bad nature and serious circumstances. (2) For recidivists, principal criminals of criminal groups, criminal suspects who have self-injured or self-injured to avoid investigation, crimes endangering national security, violent crimes, etc.
The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months; If the time limit for obtaining a guarantor pending trial expires or it is found that the criminal responsibility of the criminal suspect should not be investigated, the guarantor pending trial shall be lifted or revoked in time.
Article 20 If bail pending trial is about to expire, the executing organ shall notify the decision maker in writing fifteen days before the expiration of the time limit.
The decision-making organ shall make a decision on lifting bail pending trial or changing compulsory measures before the expiration of the time limit.
Notify the executing organ in writing.
After receiving the decision of the decision-making organ to release the bail pending trial or the notice of changing the compulsory measures, the executing organ
, it should be implemented immediately, and the implementation will be notified to the decision-making organs in a timely manner.
Article 21 The person released on bail pending trial did not violate the provisions of Article 56 of the Criminal Procedure Law during his release on bail pending trial.
Set, and did not intentionally commit a crime again, while obtaining a bail pending trial, changing compulsory measures or executing punishment.
The executing organ at or above the county level shall make a decision to refund the deposit and notify the bank to refund the deposit in full.
And notify the decision-making organ in writing.
The executing organ shall promptly announce the decision to refund the deposit to the person who has been released on bail pending trial, and notify him in writing to go to the bank to handle it.
Line to receive a refund of the deposit.