Referring to Article 66 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, detain the criminal suspect or defendant, obtain a guarantor pending trial or place him under residential surveillance.
With reference to Article 79 of the Criminal Procedure Law of People's Republic of China (PRC), 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, and the longest period of residential surveillance shall not exceed six months.
During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.
Referring to the applicable conditions of 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 a suspended sentence may be announced for people under the age of 18, pregnant women and people who have reached the age of 75:
(a) 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.
Extended data
Referring to 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:
(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.
Bail pending trial shall be executed by the public security organ.
Referring to Article 68 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, and shall order them to put forward a guarantor or pay a deposit.
Referring to Article 69 of the Criminal Procedure Law of People's Republic of China (PRC), the 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.
Referring to Article 70 of the Criminal Procedure Law of People's Republic of China (PRC), the guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 71 of this Law.
(2) If it is discovered that the warrantee may or has violated the provisions of Article 71 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 71 of this Law and the warrantor fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.
Referring to Article 71 of the Criminal Procedure Law of People's Republic of China (PRC), criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(2) Not meeting or communicating with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and pays the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or be placed under residential surveillance or arrested. If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.
With reference to Article 72 of the Criminal Procedure Law of People's Republic of China (PRC), the organ that decides to get a bail pending trial shall comprehensively consider the need to ensure the normal proceedings, the social danger of the person who is released on bail pending trial, the nature and circumstances of the case, the severity of possible punishment, the financial situation of the person who is released on bail pending trial and other factors to determine the amount of the deposit. The person who provides the deposit shall deposit the deposit into the special bank account designated by the executing organ.
With reference to Article 73 of the Criminal Procedure Law of People's Republic of China (PRC), if a criminal suspect or defendant does not violate the provisions of Article 71 of this Law during the period of obtaining a bail pending trial, he shall, at the end of obtaining a bail pending trial, collect the returned deposit from the bank with a notice of obtaining a bail pending trial or relevant legal documents.
According to Article 73 of the Criminal Law of People's Republic of China (PRC), the probation period of probation: the probation period of criminal detention is more than one year and less than two months. The probation period of probation for fixed-term imprisonment is limited to not less than the original sentence but not more than five years, but not less than one year. The probation period of probation shall be counted from the date when the judgment is determined.
According to Article 74 of the Criminal Law of People's Republic of China (PRC), probation is not applicable to recidivists. For recidivists and ringleaders of criminal groups, probation is not applicable.
With reference to Article 75 of the Criminal Law of People's Republic of China (PRC), the provisions that probation offenders should abide by are as follows:
(1) Abide by laws and administrative regulations and obey supervision;
(2) to report their own activities according to the provisions of the inspection organ;
(three) to comply with the provisions of the inspection organ on the reception of visitors;
(four) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval.
Referring to Article 76 of the Criminal Law of People's Republic of China (PRC), the application of probation and its positive consequences: criminals shall implement community correction according to law within the probation period of probation. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, and the original sentence will no longer be executed, and it will be publicly announced.
With reference to Article 77 of the Criminal Law of People's Republic of China (PRC), the suspension of probation and its handling: If a criminal who has been suspended commits a new crime within the probation period of probation or finds that there are other crimes that have not been sentenced before sentencing, the suspension of probation shall be revoked, and a judgment shall be made on the newly committed crime or newly discovered crime, and the punishment to be executed shall be decided in accordance with the provisions of Article 69 of this Law.
If, during the probation period of probation, a criminal who has been declared suspended violates laws, administrative regulations or the supervision and administration regulations of the relevant departments of the State Council on probation, or violates the prohibition order in the judgment of the people's court, if the circumstances are serious, his probation shall be revoked and the original sentence shall be executed.
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law