Bail pending trial refers to a compulsory measure that the investigation organ orders the criminal suspect to provide a guarantor or pay a deposit and issue a letter of guarantee to ensure that he does not evade or hinder the investigation. Usually used for criminal suspects whose criminal circumstances are minor and need not be detained or arrested, but whose freedom of movement needs to be restricted to a certain extent. In criminal proceedings, public security organs, people's procuratorates, people's courts and other judicial organs 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 letter of guarantee to ensure that they are available at any time and are not detained or temporarily executed outside prison. 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.
The procedure of bail pending trial in the stage of public security investigation
1, application
Applicable object: detained criminal suspects, defendants and their legal representatives and close relatives; If a criminal suspect is arrested, his lawyer may apply for bail pending trial.
The application for bail pending trial shall be made in writing.
Materials to be prepared for applying for bail pending trial:
The identity certificate of the applicant;
If the applicant is a lawyer, a power of attorney shall be issued;
Apply for bail pending trial.
Step 2 accept
The accepting organ in the investigation stage is the public security organ, and the accepting organ in the investigation stage of self-investigation cases (such as corruption and bribery cases) by procuratorial organs is the procuratorate;
The accepting organ in the stage of examination and prosecution is the procuratorate;
The accepting organ at the trial stage is the people's court.
Step 3 review
The organ that has the right to decide shall make a reply on whether to agree or not within 7 days after receiving the written application:
Meet the conditions of bail pending trial:
(1) may be sentenced to public surveillance, criminal detention or independent use of supplementary punishment;
(2) may be sentenced to fixed-term imprisonment or more, and obtaining a bail pending trial will not cause social danger.
And put forward a guarantor or can pay a deposit, the public security and judicial organs shall agree and go through the formalities of obtaining a guarantor pending trial according to law;
If the applicant does not meet the conditions for obtaining a guarantor pending trial and does not agree to obtain a guarantor pending trial, it shall inform the applicant and explain the reasons for not agreeing.
Step 4 perform
Whether the decision-making organ is the public security organ, the procuratorate or the court, it must be implemented by the public security organ.
Procedures for handling criminal cases by public security organs
Article 78 A recidivist, the ringleader of a criminal group, a criminal suspect who evades investigation by means of self-injury or self-mutilation, a criminal suspect who commits a serious violent crime or other serious crimes shall not be released on bail pending trial, except that the criminal suspect has the circumstances specified in Item (3) and Item (4) of Paragraph 1 of Article 77 of these Provisions. (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her own baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been concluded, and it is necessary to continue the investigation.