Why do I need to pay a deposit to get bail pending trial?

1. Release on bail pending trial is a criminal coercive measure stipulated in the Criminal Procedure Law of the People's Republic of China. It refers to the order by the public security organs, people's procuratorates, people's courts and other judicial organs to prevent criminal suspects or defendants from evading investigation, prosecution, or trial, who have not been arrested or who need to change compulsory measures after arrest, to provide a guarantor or pay a A compulsory measure that requires a security deposit and the issuance of a guarantee letter to ensure that the person is available at any time and will not be detained or temporarily released.

2. The amount of the bail pending trial shall be determined by the case-handling agency, and the minimum shall not be less than one thousand yuan.

Article 83 According to the "Procedural Regulations of Public Security Organs in Handling Criminal Cases" (Order No. 12 of 2004), the starting amount of deposits for criminal suspects is RMB 1,000. Ministry of Public Security 127). The specific amount shall be determined by comprehensively considering the need to ensure the normal conduct of the proceedings, the social danger of the criminal suspect, the nature and circumstances of the case, the severity of the possible punishment, and the criminal suspect's economic status.

3. As long as there are no violations during the period of bail pending trial, the security deposit will be fully refunded when the compulsory measures are changed or lifted.

Article 97 of the "Procedural Regulations on the Handling of Administrative Cases by Public Security Organs" (Order No. 97). Ministry of Public Security 125) If the person released on bail pending trial does not violate the relevant provisions of Articles 85 and 86 of these Provisions, or commits another intentional crime, or falls under any of the circumstances specified in Article 183 of these Provisions, the public security organ The decision to return the security deposit should be made at the same time as the bail is pending trial or the compulsory measures are changed, and the bank should be notified to return the security deposit in full.

The person who is released on bail pending trial or his legal representative can go to the bank to collect the refunded deposit based on the decision to return the deposit.

(The content of this article was contributed by Baidu netizen Hu Haitian in 2014)