Whether or not a record should be taken during the period of bail awaiting trial must be determined based on the actual situation of the case, because during the period of bail awaiting trial, the investigation, prosecution, and trial of the case must not be interrupted.
The criminal suspect shall cooperate with the request for transcripts and answer the investigators' questions truthfully, but he has the right to refuse to answer questions unrelated to the case. After confirming that the transcript is correct, the criminal suspect shall sign or seal the transcript. If the People's Procuratorate believes that the criminal suspect's criminal facts have been ascertained and the evidence is reliable and sufficient, it shall make a decision to prosecute, file a public prosecution with the People's Court, and transfer the case file materials and evidence to the People's Court.
According to Article 79 of the "Criminal Procedure Law of the People's Republic of China", the people's courts, people's procuratorates and public security organs may not release criminal suspects or defendants on bail pending trial for more than 12 months and monitor them. The maximum stay cannot exceed six months.
During the period of being released on bail pending trial or under residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal liability should not be pursued or the period of bail pending trial or residential surveillance has expired, the bail pending trial or residential surveillance shall be terminated in a timely manner. To terminate the release on bail pending trial or residential surveillance, the person released on bail pending trial or under residential surveillance and the relevant units must be notified promptly.
With reference to the provisions of Article 120 of the "Criminal Procedure Law of the People's Republic of China", when interrogating a criminal suspect, investigators should first ask the criminal suspect whether he has committed a crime and allow the criminal suspect to explain Find out whether you are guilty or not guilty, and then ask the suspect questions. Criminal suspects should truthfully answer investigators' questions. But he has the right to refuse to answer questions unrelated to the case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of the litigation rights he or she enjoys, as well as the legal provisions regarding leniency for those who confess, and those who plead guilty and accept punishment.
With reference to the provisions of Article 122 of the "Criminal Procedure Law of the People's Republic of China", the interrogation transcript shall be handed over to the criminal suspect for verification, and shall be read to the criminal suspect who is illiterate. If there are omissions or errors in the records, the criminal suspect may submit supplementary or corrective opinions. After the criminal suspect confirms that it is correct, he shall sign or seal the transcript.
Investigators should also sign the transcript. If a criminal suspect requests to write a transcript himself, he should be allowed to do so. When necessary, investigators may also require the criminal suspect to write a confession in his own hand.
According to the provisions of Article 176 of the "Criminal Procedure Law of the People's Republic of China", if the People's Procuratorate believes that the criminal suspect's criminal facts have been ascertained and the evidence is reliable and sufficient, he should be arrested. If an arrest is made and criminal liability should be investigated in accordance with the law, a decision to prosecute shall be made, and a public prosecution shall be filed with the People's Court in accordance with the provisions of trial jurisdiction, and the case file materials and evidence shall be transferred to the People's Court.
If a criminal suspect pleads guilty and accepts punishment, the People's Procuratorate shall make recommendations on the main punishment, additional punishments, and whether suspended sentences are applicable, and transfer the confession and punishment and other materials with the case.
Extended information
According to the provisions of Article 66 of the "Criminal Procedure Law of the People's Republic of China", the people's courts, people's procuratorates, and public security organs may, based on the circumstances of the case, prosecute criminal suspects , the defendant takes measures such as detention, bail pending trial, and residential surveillance.
According to the provisions of Article 67 of the "Criminal Procedure Law of the People's Republic of China", the People's Court, People's Procuratorate, and Public Security Bureau may release criminal suspects or defendants on bail pending trial under any of the following circumstances:
(1) May be sentenced to public surveillance, criminal detention, or additional penalties may be applied independently;
(2) May be sentenced to a penalty of fixed-term imprisonment or above, and being released on bail pending trial will not cause social danger;
>
(3) Suffering from serious illness, unable to take care of himself, pregnant or breastfeeding his own baby, and being released on bail pending trial will not pose a social risk;
(4) The detention period has expired and the case has not yet been concluded, Need to be released on bail pending trial.
Bail pending trial shall be implemented by the public security organs.
According to Article 68 of the "Criminal Procedure Law of the People's Republic of China", when the People's Court, People's Procuratorate and Public Security Bureau decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to Provide a guarantor or pay a deposit.
According to the provisions of Article 69 of the "Criminal Procedure Law of the People's Republic of China", the guarantor must meet the following conditions:
(1) Not involved in the case;
(2) Have the ability to perform guarantee obligations;
(3) Enjoy political rights and personal freedom is not restricted;
(4) Have a fixed residence and income .
With reference to the provisions of Article 70 of the "Criminal Procedure Law of the People's Republic of China", the guarantor shall perform the following obligations:
(1) Supervise the guaranteed person to comply with Article 70 of this Law The provisions of Article 71 of this Law;
(2) If it is found that the guaranteed person may commit or has committed an act that violates the provisions of Article 71 of this Law, report it to the enforcement agency in a timely manner.
If the guaranteed party violates the provisions of Article 71 of this Law and the guarantor fails to perform the guarantee obligations, a fine will be imposed on the guarantor. If a crime is constituted, criminal liability shall be investigated in accordance with the law.
According to the provisions of Article 71 of the "Criminal Procedure Law of the People's Republic of China", criminal suspects and defendants who are released on bail pending trial shall comply with the following provisions:
( 1) Without the approval of the enforcement agency, you are not allowed to leave the city or county where you live;
(2) If your residential address, work unit and contact information change, you must report to the enforcement agency within 24 hours;
(3) Any change of address, work unit or contact information shall be reported to the enforcement agency within 24 hours;
(3) Arrive in time when arraigned;
(4) Witnesses’ testimonies shall not be interfered with in any way;
(5) Evidence shall not be destroyed, fabricated or colluded with in confessions.
The People's Court, People's Procuratorate and public security organs may, based on the circumstances of the case, order criminal suspects or defendants who have been released on bail pending trial to comply with one or more of the following provisions:
(1) Not allowed to enter specific places;
(2) Not allowed to meet or communicate with specific persons;
(3) Not engaged in specific activities;
(4) Submit your passport and other entry-exit documents and driver's license to the enforcement agency for safekeeping.
For criminal suspects or defendants who pay a security deposit in violation of the provisions of the preceding two paragraphs, part or all of the security deposit shall be confiscated, and depending on the severity of the case, they shall be ordered to repent, pay a new security deposit, provide a guarantor, be placed under residential surveillance, or arrested. For those who violate the provisions on bail pending trial and need to be arrested, the criminal suspect or defendant may be detained first.
With reference to the provisions of Article 72 of the "Criminal Procedure Law of the People's Republic of China", the authority that decides to release the person on bail pending trial shall make a decision based on the need to ensure the normal conduct of litigation activities, the social risk of the person being released on bail pending trial, and the nature of the case. The amount of the deposit will be determined based on the nature, circumstances, severity of the possible penalty, and the financial status of the person being released on bail pending trial. The person who provides the security deposit shall deposit the security deposit into a special account in a bank designated by the enforcement agency.
With reference to the provisions of Article 73 of the "Criminal Procedure Law of the People's Republic of China", if a criminal suspect or defendant does not violate the provisions of Article 71 of this Law while on bail pending trial, he shall be After the bail pending trial period expires, go to the bank with the bail pending trial notice or relevant legal documents to collect the refunded deposit.
Xinhuanet--"Criminal Procedure Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China"