What is bail pending trial?
Bail pending trial means that in criminal proceedings, the people's court, people's procuratorate or public security agency ensure that the criminal suspect or defendant does not evade or hinder the investigation. , prosecution and trial, a coercive measure that ensures immediate notification. Release on bail pending trial shall be carried out by the public security organs. Release on bail pending trial only restricts rather than deprives criminal suspects and defendants of their personal freedom. It is a relatively weak coercive measure.
Bail pending trial is a temporary coercive measure taken against criminal suspects in criminal proceedings. The period of bail pending trial shall not exceed twelve months. During the period of release on bail pending trial, the investigation, prosecution and trial of the case shall not be suspended. Because the facts of the crime still need to be investigated in accordance with the legal provisions on criminal liability. That is, if the release on bail pending trial does not comply with the custody procedures, the specific sentence shall be determined by the people's court based on the crime facts and the specific circumstances of the trial. There are two legal conditions for being released on bail pending trial: first, the person may be sentenced to surveillance, criminal detention, or an additional penalty may be applied independently; second, the person may be sentenced to a penalty of fixed-term imprisonment or more, and being released on bail pending trial will not create a social risk. Either of these two conditions will suffice. In addition, any agency handling the case, out of fear of taking responsibility, can release the person on bail pending trial as long as the physical examination reveals that the person has a physical condition that is not suitable for detention. Guarantee pending trial refers to a compulsory measure in which the people's court, people's procuratorate or public security organ orders certain criminal suspects or criminal defendants to provide a guarantor or pay a deposit to ensure their attendance at trial. No public prosecutions were initiated and no enforcement measures were re-imposed during the year. Indicates that the case will not be filed or the case will be withdrawn.
Conditions for release on bail pending trial
(1) Application for release on bail pending trial:
According to the provisions of my country’s Criminal Procedure Law, those who have the right to apply for release on bail pending trial are: Criminals Suspects, defendants and their legal representatives, close relatives and retained lawyers.
(2) Conditions for applying for bail pending trial:
Article 67 of my country’s Criminal Procedure Law stipulates that the people’s courts, people’s procuratorates and public security organs shall respond to any of the following circumstances: Criminal suspects and defendants may be released on bail pending trial:
(1) They may be sentenced to surveillance, criminal detention or additional penalties independently applied;
(2) They may be sentenced to fixed-term imprisonment (2) The person may be sentenced to a penalty of fixed-term imprisonment or above, but the release on bail pending trial will not cause social danger;
(3) Suffering from a serious disease, unable to take care of himself, is pregnant or breastfeeding his own baby, and the release on bail pending trial will not cause social danger Sexual;
(4) The detention period has expired and the case has not yet been concluded, and it is necessary to be released on bail pending trial.
Bail pending trial shall be implemented by the public security organs.
Legal Basis
Article 71 of the "Criminal Procedure Law of the People's Republic of China"
Criminal suspects and defendants who are released on bail pending trial shall abide by the following Provisions:
(1) No one shall leave the city or county where they live without the approval of the enforcement agency;
(2) If there is a change in address, work unit, or contact information, the person shall notify the Report to the enforcement agency within 24 hours;
(3) Arrive promptly at the summons;
(4) Do not interfere with witness testimony in any way;
(5) Do not destroy, falsify evidence or collude in confessions.