Bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC), that is, it is not detention, but need to be available at any time. Bail pending trial is not the result of the trial, nor does it mean the end of the case. Therefore, if the suspect or defendant is released on bail pending trial, the case still needs investigation, prosecution and trial.
Conditions for obtaining bail pending trial
Bail pending trial is applicable to the following criminal suspects and defendants:
1. May be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
Two, may be sentenced to more than fixed-term imprisonment, but the implementation of bail will not cause social danger;
Three, it is necessary to arrest, but because of serious illness, or pregnant, breast-feeding their babies, women should not be arrested;
Four, the case of the criminal suspect or defendant in custody, can not be closed within the statutory time limit for investigation, detention, prosecution, first instance and second instance, and it is necessary to continue verification and trial.
Five, after the arrest, the procuratorial organ does not approve the arrest and needs reconsideration and review;
Six, after the transfer of prosecution, the procuratorial organ decided not to prosecute, the need for reconsideration, review.
No bail pending trial
Recidivism, principal criminals of criminal groups, criminal suspects who injure themselves or self-harm to avoid investigation, crimes endangering national security, violent crimes, other serious crimes and other criminal suspects with bad nature shall not be released on bail pending trial.
Application procedure and execution of bail pending trial
Criminal suspects, defendants, their legal representatives and close relatives in custody have the right to apply for bail pending trial, and there is no time limit. However, the time to hire a lawyer to apply for bail pending trial is after the suspect is arrested.
Criminal suspects, defendants and their legal representatives, close relatives and lawyers in custody shall apply for bail pending trial in written form, and the organ with the right to decide shall give a reply on whether or not to agree within 7 days after receiving the written application. The public security and judicial organs shall agree to those who meet the conditions for obtaining a guarantor pending trial and put forward a guarantor or can pay a deposit, and go through the formalities for obtaining a guarantor pending trial according to law. If the applicant does not meet the statutory conditions for obtaining a guarantor pending trial and does not agree to obtain a guarantor pending trial, it shall inform the applicant and explain the reasons for not agreeing.
The release of criminal suspects and defendants on bail pending trial shall be decided by public security organs, state security organs, people's procuratorates and people's courts according to the specific circumstances of the case. Except for cases involving national security, they are all executed by public security organs.
Time limit for bail pending trial
The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than 12 months.
Guarantee of bail pending trial
Bail pending trial requires a guarantor or deposit. In case of bail pending trial, the starting amount of the bail is 1000 yuan. If the same criminal suspect or defendant decides to obtain bail pending trial, the guarantor guarantee and the deposit guarantee shall not be used at the same time. The deposit for obtaining a guarantor pending trial shall be uniformly collected and managed by the executive organs at or above the county level.
The guarantor must meet the following conditions: first, it has nothing to do with the case; Second, it has the ability to fulfill its guarantee obligations; Third, the enjoyment of political rights and personal freedom is unrestricted; Fourth, have a fixed residence and income.
If the guarantor guarantees bail pending trial, and the guarantor violates the provisions of Article 56 of the Criminal Procedure Law, and the guarantor fails to report in time, after verification, the executing organ at or above the county level shall impose a fine of not less than 1,000 yuan but not more than 20,000 yuan on the guarantor, and timely notify the decision-making organ of the relevant situation. The executing organ shall announce the punishment decision to the guarantor, and inform him that he is not satisfied with this decision, and may, within five days after receiving the "Punishment Decision on the Guarantor", apply to the competent authority at the next higher level of the executing organ for review. After receiving the application for review, the competent authority at the next higher level shall make a review decision within seven days.
Confiscating the deposit for obtaining a guarantor pending trial and imposing a fine on the guarantor are criminal judicial acts, and administrative proceedings cannot be brought. If a party refuses to accept the review decision, he may appeal to the relevant authorities according to law.
For the guarantor who has been released on bail pending trial, the executing organ shall notify the decision-making organ in writing when it finds that the guarantor has lost the guarantee conditions.
After receiving the written notice from the executing organ, the decision-making organ shall order the person who has been released on bail to re-submit the guarantor or pay the deposit, or make a decision to change the compulsory measures, and notify the executing organ.
Provisions to be observed by people who are released on bail pending trial
First, you must not leave the city or county where you live without the approval of the executive organ;
Second, arrive in time for arraignment;
Third, it is not allowed to interfere with witnesses' testimony in any form;
Fourth, it is forbidden to destroy or forge evidence or collude with others.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence and be arrested. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.
Handling of bail pending trial in violation of the prescribed deposit.
If the person who has been released on bail pending trial violates the provisions of Article 56 of the Criminal Procedure Law and should confiscate the deposit according to law, the executive organ at or above the county level shall make a decision to confiscate part or all of the deposit and notify the decision-making organ; If it is necessary to change compulsory measures, it shall also put forward opinions on changing compulsory measures and submit them to the decision-making organ together with relevant materials.
If the decision-making organ finds that the guarantor pending trial violates the provisions of Article 56 of the Criminal Procedure Law and thinks that the deposit should be confiscated according to law, it shall put forward a written opinion on the confiscation of part or all of the deposit and send it to the execution organ at or above the county level together with relevant materials. The executing organ at or above the county level shall, according to the opinions of the decision-making organ, make a decision on the confiscation of the deposit in time and notify the decision-making organ.
If a person who has been released on bail pending trial does not violate the provisions of Article 56 of the Criminal Procedure Law, but is suspected of a new crime and is placed on file for investigation by the judicial organ during the period of being released on bail pending trial, the executing organ shall temporarily withhold the deposit paid by him and decide whether to confiscate the deposit after the judgment of the people's court takes effect. Deliberately committing another crime, the deposit shall be confiscated; If a crime is committed again due to negligence or does not constitute a crime, the deposit shall be returned.
The decision-making organ shall, after receiving the written notice of the confiscation of the deposit by the executing organ or the opinion of changing the compulsory measures, make a decision to change the compulsory measures or order the criminal suspect to pay the deposit again and put forward the guarantor within five days, and notify the executing organ.
The executing organ shall announce the decision to confiscate the deposit to the person who has been released on bail pending trial, and inform him that if he refuses to accept the decision, he may, within five days after receiving the decision to confiscate the deposit, apply to the competent authority at the next higher level of the executing organ for review. After receiving the application for review, the competent authority at the next higher level shall make a review decision within seven days.
If the decision to confiscate deposits has passed the period of application for reconsideration or the deposit has been confiscated after reconsideration, the executive organ at or above the county level shall promptly notify the bank to turn it over to the state treasury in accordance with the relevant provisions of the state.
The time limit for obtaining bail pending trial expires or changes.
If bail pending trial is about to expire, the executing organ 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 pending trial or change compulsory measures, and notify the executing 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 bail pending trial measures have been taken in the investigation or prosecution stage, and the case is transferred to the prosecution or trial stage, and it is necessary to continue bail pending trial, or the guarantee method or compulsory measures need to be changed, the organ accepting the case shall make a decision within seven days and notify the executing organ and the organ transferring the case.
If the organ accepting the case decides to continue to obtain bail pending trial, it shall make a new decision on obtaining bail pending trial. For those who continue to obtain bail in the form of deposit pending trial, the amount of deposit will remain unchanged in principle, and no deposit will be collected.
If the time limit for obtaining a guarantor pending trial is about to expire, and the case accepting organ has not yet made a decision to continue obtaining a guarantor pending trial, change the guarantee method or change the compulsory measures, the executing organ shall notify the case accepting organ in writing fifteen days before the expiration of the time limit. The organ accepting the case shall make a decision before the expiration of the original period of bail pending trial, and notify the executing organ and the transferring organ.
After receiving the decision of the accepting organ to change the compulsory measures, the original decision-making organ shall immediately terminate the original bail pending trial, and serve the "Decision on the Release of Bail Pending Trial" and "Notice on the Release of Bail Pending Trial" to the executing organ, which shall promptly notify the guarantor and guarantor in writing; If the organ accepting the case makes a decision to continue to obtain a bail pending trial or change the guarantee method, the original bail pending trial will be automatically lifted and the cancellation procedures will not be handled. Please consult lawyer Zhou Chuikun for specific questions.