Bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). Refers to the public security organs, people's procuratorates, people's courts and other judicial organs in order to prevent criminal suspects and defendants from escaping investigation, prosecution and trial, and order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a guarantee to ensure that they are available at any time, and will not be detained or temporarily released. Handled by the public security organs. Objectively speaking, after a criminal suspect is detained, the most important thing to consider, which is also the most time-consuming and energy-consuming behavior, is to obtain bail for him.
legal provision
Article 65 of China's Criminal Procedure Law clearly stipulates that 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, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2, may be sentenced to more than fixed-term imprisonment, taking bail pending trial will not cause social danger;
3. Suffering from serious illness, unable to take care of themselves, pregnant or nursing a baby, and taking bail pending trial will not cause social danger;
4, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial and residential surveillance shall be carried out by public security organs.
Article 52? Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial.
Article 66? When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Article 67? The guarantor must meet the following conditions:
1, irrelevant to this case;
2. Have the ability to fulfill the guarantee obligations;
3, enjoy political rights, personal freedom is not restricted;
4. Have a fixed residence and income.
Article 68? The guarantor shall perform the following obligations:
1. Supervise the warrantee to abide by the provisions of Article 56 of this Law;
2. If it is found that the warrantee may or has already committed acts in violation of the provisions of Article 56 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 56 of this Law and the guarantor fails to report in time, the guarantor shall be fined, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 69? Criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions:
1. Do not leave the city or county where you live without the approval of the executive organ;
2. Arrive in time for arraignment;
3. Do not interfere with the testimony of witnesses in any form;
4. Never 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.