There is a time limit for taking bail measures for criminal suspects and defendants, which generally cannot exceed 12 months. What will happen when bail expires? Is it to release the bail pending trial or to re-enter the prison pending trial? These problems are problems that many criminal suspects have to face. According to the relevant laws and regulations, before the expiration of bail, the public security organ executing bail shall notify the decision-making organ in writing fifteen days before the expiration of the time limit, and the decision-making organ shall make a decision to lift bail or change compulsory measures, and notify the execution organ in writing before the expiration of the time limit. 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 shall immediately implement it and notify the decision-making organ of the implementation in a timely manner. If the person who has been released on bail pending trial (i.e. the criminal suspect) has not violated the provisions of Article 56 of the Criminal Procedure Law during the period of release on bail pending trial, and has not committed a crime intentionally again, during the period of release on bail pending trial, change of compulsory measures or execution of penalty, the executing organ at or above the county level shall make a decision to return the deposit, notify the bank to return 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 collect the refunded deposit from the bank. So, in fact, if a person who is released on bail abides by the law during the period of release on bail, there will only be two results when he announces the expiration of the period of release on bail. One is to change the compulsory measures, and the other is to release the bail pending trial. Those who are released on bail pending trial only need to wait for the notice of the relevant public security organs, procuratorates or courts and cooperate with them. Of course, if you really have concerns, you can consult the case-handling organ or a professional criminal defense lawyer when you are released on bail, so as to avoid your worries. It should be noted that: 1 Changing compulsory measures after the expiration of bail pending trial usually means that public security organs, procuratorates or courts no longer allow bail pending trial, but choose compulsory measures such as residential surveillance, arrest and detention according to actual conditions. 2. The cancellation of bail pending trial usually means that when it is found that the person on bail pending trial should not be investigated for criminal responsibility or the time limit for bail pending trial has expired, the case-handling organ informs the person on bail pending trial to assist in handling relevant procedures, and the person on bail continues to wait for the court's judgment or to dismiss the criminal suspect. In fact, if people and their families have doubts about bail pending trial, they can actually go to local case-handling organs, such as public security organs, procuratorates and even courts for consultation. If you have questions or refuse to accept the response given by the case-handling organ, the most appropriate thing is to consult a professional criminal defense lawyer, and a criminal defense lawyer with experience in handling cases can often better guarantee the interests of the parties.
Legal objectivity:
Criminal procedure law
Article 73
If a criminal suspect or defendant does not violate the provisions of Article 71 of this Law during the period of obtaining a guarantor pending trial, he shall, after the completion of obtaining a guarantor pending trial, go to the bank to collect the returned deposit with the notice of obtaining a guarantor pending trial or relevant legal documents.
Procedures for handling criminal cases by public security organs
Article 103
The public security organ shall not interrupt the investigation of the case during the period of bail pending trial, and the criminal suspect who is released on bail pending trial shall promptly change the compulsory measures or lift the bail pending trial according to the change of the case. The maximum period of bail pending trial shall not exceed twelve months.