Legal analysis
Bail pending trial is good for the court. The procedure of obtaining a guarantor pending trial shall be carried out in accordance with the following contents: the criminal suspect, the defendant and his legal representative, close relatives and lawyers hired by the criminal suspect have the right to apply for obtaining a guarantor pending trial. After the application is made, the public security organ, the people's procuratorate and the people's court shall make a reply on whether to agree or not within 7 days after receiving the application for bail pending trial. If a criminal suspect or defendant decides to get a bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level or the president of the people's court for approval, and a "Decision on Getting a Bail Pending Trial" and a "Notice on Execution of Getting a Bail Pending Trial" shall be issued to him, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. Secondly, the executing organ of bail pending trial should be the public security organ. During the execution period, the public security organ shall read out the decision on bail pending trial to the criminal suspect and defendant, order them to sign or seal, and have the obligation to inform the other party of the relevant regulations that should be observed during the bail pending trial. After the expiration of the criminal suspect or defendant's bail pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant and notify the guarantor to cancel the guarantee. Finally, the investigation, prosecution and trial of the case cannot be interrupted during the period of bail pending trial. If the time limit for obtaining a guarantor pending trial expires or it is found that criminal responsibility should not be investigated according to the relevant laws of the state, or the case has been closed, the original decision-making organ shall make a decision to cancel the bail pending trial and notify the public security organ responsible for execution.
legal ground
Article 72 of the Criminal Law of People's Republic of China (PRC) A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) showing repentance; (3) There is no danger of committing a crime again; (four) the announcement of probation has no significant adverse effects on the community where he lives. Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
Article 67 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may obtain bail pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply 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 shall be executed by the public security organ.