Article 2 of the Provisions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of National Security on Several Issues Concerning Bail Pending Trial, if a criminal suspect or defendant is released on bail pending trial, the public security organ, state security organ, people's procuratorate and people's court shall make a decision according to the specific circumstances of the case.
If a public security organ, a people's procuratorate or a people's court decides to obtain a bail pending trial, it shall be executed by the public security organ. If the state security organ decides to get a bail pending trial, if the people's procuratorate or the people's court decides to get a bail pending trial when handling the criminal case transferred by the state security organ, it shall be executed by the state security organ.
Steps for obtaining bail pending trial:
1, apply for bail pending trial. Criminal suspects and defendants in custody, their legal representatives and close relatives, and lawyers hired by criminal suspects have the right to apply for bail pending trial.
2. The decision to obtain bail pending trial. The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant 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 issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit.
3. Execute bail pending trial. The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law 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.
4. The maximum period of bail pending trial shall not exceed 12 months. During the period of bail pending trial, the investigation, prosecution and trial of the case shall not be interrupted. If the time limit for obtaining a guarantor pending trial expires, or it is found that criminal responsibility should not be investigated according to the provisions of Article 15 of the Criminal Procedure Law, or the case has been closed, the original decision-making organ shall make a decision to revoke the guarantor pending trial, and notify the public security organ responsible for implementation.