I. Applicable conditions
obtaining a guarantor pending trial
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced to more than fixed-term imprisonment, and obtaining a bail pending trial will not cause social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or breast-feeding their own infants will not be socially dangerous if they are released on bail pending trial;
(4) Upon the expiration of the detention period, the case has not yet been settled, and it is necessary to obtain a bail pending trial;
(5) Holding valid exit documents, who do not need to be arrested but may evade investigation;
supervision of residence
Meet the conditions for arrest, under any of the following circumstances:
(a) suffering from serious illness, life can not take care of themselves;
(2) women who are pregnant or are not as good as their babies;
(3) Being the sole provider of people who can't take care of themselves;
(four) the detention period expires, the case has not yet been settled, and it is necessary to monitor the residence;
(5) Due to the special circumstances of the case or the special needs of handling the case, it is more appropriate to take residential surveillance;
6. Those who meet the conditions of obtaining a guarantor pending trial, but can't put forward a guarantor and don't pay the deposit, can be placed under residential surveillance;
2. Can I apply?
Bail pending trial: is that okay? Applicable objects: criminal suspects, defendants and their legal representatives, close relatives and lawyers.
Residential surveillance: none.
Third, the place of execution.
Bail pending trial: the city or county where the criminal suspect or defendant lives.
Residential surveillance: the residence of the criminal suspect and defendant; If there is no fixed residence, it can be executed at the designated residence. (Crimes endangering national security and terrorist activities, especially serious bribery crimes, may be executed in the designated residence with the approval of the procuratorate at the next higher level or the public security organ).
Fourth, the provisions to be observed
Bail pending trial:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(2) Arriving in time at the time of arraignment;
③ Do not interfere with the witness's testimony in any form; ?
(four) shall not destroy or forge evidence or collusion; ?
If the address, work unit and contact information change, report to the executive organ within 24 hours;
According to the circumstances of the case, the Public Prosecution Law may order criminal suspects and defendants to abide by one or more of the following provisions:
(1) Do not enter specific places;
2 Do not contact or communicate with specific people; ? ③ Not engaging in specific activities;
(four) the passport and other entry and exit documents and driving documents to the executive organ for preservation;
supervision of residence
(a) without the approval of the executing organ, not to leave the place where the residence is under surveillance;
(2) Arriving in time at the time of arraignment;
③ Do not interfere with the witness's testimony in any form; ?
(four) shall not destroy or forge evidence or collusion; ?
⑤ Without the approval of the executive organ, you may not meet others or communicate;
⑥ Submit passport and other entry and exit documents, identity documents and driving documents to the executing organ for preservation;
The consequences of verb (verb's abbreviation) breaking the rules
Bail pending trial: if the deposit has been paid, part or all of the deposit will be confiscated, and the criminal suspect and defendant will be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor, or be under residential surveillance or arrest according to the circumstances.
Those who need to be arrested can be detained first.
Residential surveillance: if the circumstances are serious, arrest. ? Those who need to be arrested can be detained first.
Period of intransitive verbs
Bail pending trial 12 months (at the same stage, continuous calculation; Different stages, recalculation)
Residential surveillance for 6 months (at the same stage, continuous calculation; Different stages, recalculation)
Seven: Others
Guarantee mode of obtaining bail pending trial: PICC or property insurance (not the same person at the same time)
Property insurance: RMB 1000 yuan or more.
Insurance conditions?
(1) is irrelevant to this case; ?
(2) Have the ability to perform the guarantee obligations; ?
(3) the enjoyment of political rights and personal freedom is unrestricted;
(4) Have a fixed income and residence.
Obligation? Monitoring and reporting
Responsibility?
① administrative responsibility: fine 1000 ~ 20000 (only the superior can apply for review, but not for administrative reconsideration)? ② Criminal responsibility
③ Civil liability: joint and several liability for compensation; If the person released on bail pending trial is also the defendant in an incidental civil action, the guarantor shall bear joint and several liability for guarantee, but the amount of creditor's rights before guarantee is limited.
Method for monitor lifestyle
Electronic monitoring, irregular inspection and other monitoring methods can be adopted; ? During the investigation, the communication of the criminal suspect who is under surveillance can be monitored.
reduce a penalty
The term of residential surveillance at designated residence shall be reduced to fixed-term imprisonment.
(1) One day to one day if sentenced to public surveillance;
(2) If a person is sentenced to criminal detention or fixed-term imprisonment, two days is one day.
Extend the time limit for releasing data on bail pending trial and residential surveillance;
As the two compulsory measures of obtaining bail pending trial and residential surveillance are difficult to be revoked once taken in practice, the personal freedom of criminal suspects and defendants has been restricted for a long time, and they cannot work, study and live normally? Live, is not conducive to protecting the legitimate rights and interests of criminal suspects and defendants. It is not conducive to the timely conclusion of cases, to cracking down on crimes and protecting citizens' legitimate rights, and to the authority and seriousness of the legal system.
Therefore, paragraph 1 of the procedural regulations of public security organs stipulates: "The people's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail for more than twelve months, and the longest period of residential surveillance shall not exceed six months." This time limit refers to the people's court and the people's procuratorate? The maximum period shall be calculated by the procuratorate and the public security organ respectively.
Bail pending trial is a compulsory measure to restrict the freedom of movement of criminal suspects and defendants, but this restriction is still very wide. Except for the city or county where they live without approval, they are guaranteed to be available at any time without hindrance? Handling a case has no impact on his normal life, and the time limit for obtaining bail pending trial is relatively long, which will not infringe on the rights and interests of criminal suspects and defendants. This provision is conducive to combating crime.
Criminal procedure is a complicated process, and investigation is no exception. Investigation, prosecution, trial and other litigation stages. If the cumulative period of bail pending trial for criminal suspects and defendants by public security organs, procuratorial organs and legal organs should not exceed 12 months, the bail pending trial period is short, which is not enough to ensure enough time for handling cases. ? If this time limit refers to the cumulative time limit of the three organs, it is not easy to operate in practice and cannot solve the problem of how to allocate the time limit for bail pending trial among the three organs.
If the former organ has run out of bail pending trial, what should the latter organ do? Can no longer be used, essentially depriving the latter organ of the right to use pre-trial. Therefore, the provisions of this article on the period of bail pending trial mean that the public, procuratorial and legal organs have the right to decide the period of bail pending trial. Yes 12 months, not 12 months, but the cumulative period of three organs.
According to this provision, the people's courts, people's procuratorates and public security organs, when handling cases, decide to release the suspects and defendants on bail pending trial, and the longest period shall not exceed 12 months. If a criminal suspect or defendant is released on bail pending trial in violation of the provisions on bail pending trial, the time limit shall be accumulated and cannot be recalculated.
After the public security organ decides to release the criminal suspect on bail pending trial and the case is transferred to the people's procuratorate for examination and prosecution, the people's procuratorate shall go through the formalities of releasing the criminal suspect on bail pending trial according to law.
Bail? The time limit for awaiting trial is recalculated and the suspect is informed. The people's procuratorate and the public security organ have released the criminal suspect on bail pending trial, and after the case is transferred to the people's court, the people's court will give the criminal suspect a bail pending trial. The law re-applied for the defendant's bail pending trial. The period of bail pending trial and residential surveillance is recalculated.
The maximum period of residential surveillance shall not exceed 6 months. The restriction of residential surveillance on the personal freedom of criminal suspects is more severe than that of bail pending trial, and the short period does not affect the development of investigation activities. And then what? As long as the people's courts, people's procuratorates and public security organs perform their duties, they can usually complete the investigation, evidence collection, examination, prosecution and trial of cases within six months, and make corresponding treatments.
On the other hand? It is also conducive to urging the people's courts, people's procuratorates and public security organs to seize the time to carry out their work and improve the efficiency and speed of handling cases. What should I do before the expiration of the 10-day residential surveillance period? The organ shall promptly notify the public security organ, the people's procuratorate and the people's court that originally decided to monitor the residence.
This will not only enhance the sense of responsibility of the executive organs, but also urge the original decision-making organs to make changes or lift compulsory measures? Prepare to prevent monitoring residence from exceeding the time limit. In addition, after receiving the notice, the decision-making organ needs some time to prepare whether to lift the residential surveillance and what kind of treatment measures should be taken.
What is the form and general situation of notifying the decision-making organ? In this case, oral notification or telephone notification is enough. For some special cases, the people's procuratorate and the people's court decide to monitor residence, or they can inform them by legal documents.
References:
Baidu encyclopedia-bail pending trial, Baidu encyclopedia-residential surveillance