2. The decision to obtain bail pending trial. The public security organ, the people's procuratorate and the people's court shall, within seven days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a criminal suspect or defendant makes a decision on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be made, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. Those who do not meet the statutory conditions for obtaining a bail pending trial shall not be granted a bail pending trial. If the applicant does not agree to obtain bail pending trial, it shall inform the applicant and explain the reasons for the disagreement. In addition, according to the needs of handling cases, the judicial organs can decide on their own to obtain bail pending trial.
3. Execution of bail pending trial. Bail pending trial shall be executed by the public security organ. During the execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, and ask them to sign or seal it to inform them of the regulations that should be observed during the bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
Criminal case
refers to a case in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law of People's Republic of China (PRC), and the state conducts investigation, trial and gives criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to investigate the criminal responsibility of the criminal suspect or defendant.
constitutive elements:
1. Time elements of a crime
2. Space elements of a crime
3. Elements of a case related to people
4. Elements of a case related to behavior
5. Elements of a case related to things
Second, bail pending trial
means that the investigation organ orders the criminal suspect to provide. It is usually used in cases where the circumstances of the crime are minor and there is no need for detention or arrest, but the freedom of movement of the criminal suspect needs to be restricted to some extent.
Scope of application:
1. Those who may be sentenced to public surveillance, criminal detention or additional punishment;
2. He may be sentenced to more than fixed-term imprisonment, and the social danger will not occur if he is released on bail pending trial;
3. Suffering from a serious illness, unable to take care of themselves, or pregnant or nursing their own babies, and being released on bail pending trial will not cause social danger;
4. Suffering from serious diseases, unable to take care of themselves, or pregnant or nursing their own babies.
4. The detention period expires, and the case has not yet ended, so it is necessary to get a bail pending trial.
Legal basis:
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 a guarantor 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 additional punishment;
(2) those who may be sentenced to fixed-term imprisonment or independently execute supplementary punishment.
(2) The criminal suspect may be sentenced to more than fixed-term imprisonment, and the social danger will not occur if he is released on bail pending trial;
(3) The criminal suspect is seriously ill, unable to take care of himself, or pregnant or nursing his own children, and the social danger will not occur if he is released on bail pending trial;
(4) The detention period has expired and the case has not yet been concluded, so it is necessary to release the criminal suspect on bail pending trial.
bail pending trial shall be executed by the public security organ.