According to Article 50 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, detain the criminal suspect or defendant, obtain a guarantor pending trial or place him under residential surveillance.
Article 51 The people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on bail pending trial or under residential surveillance under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail pending trial, residential surveillance will not cause social danger.
Bail pending trial and residential surveillance shall be carried out by public security organs.
Article 52 A criminal suspect or defendant in custody, his legal representative or his near relatives have the right to apply for bail pending trial.
Article 53 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 56 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(four) shall not destroy or forge evidence or collusion.
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.
Article 58 The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail pending trial for more than twelve months, and shall not keep him under residential surveillance for more than six months.
During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.
Article 60 If there is evidence to prove that there are criminal facts, and the criminal suspect or defendant may be sentenced to fixed-term imprisonment or more, it is not enough to take measures to prevent social dangers such as obtaining a bail pending trial and residential surveillance. However, if it is necessary to arrest, it shall be arrested immediately according to law.
If the criminal suspect or defendant who should be arrested suffers from serious illness, or a pregnant woman who is breastfeeding her baby, she may be released on bail pending trial or under residential surveillance.
Article 65 The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued. Those who need to be arrested but have insufficient evidence may be released on bail pending trial or under residential surveillance.
Article 69 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 74 A case of detaining a criminal suspect or defendant cannot be closed within the time limit for investigation, detention, examination and prosecution, first instance and second instance as stipulated in this Law. If it is necessary to continue verification and trial, the criminal suspect or defendant may be released on bail pending trial or under residential surveillance.
Article 75 If a criminal suspect, defendant, his legal representative, close relatives or lawyers entrusted by him take compulsory measures against a people's court, a people's procuratorate or a public security organ beyond the statutory time limit, he shall have the right to demand that the compulsory measures be lifted. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures have exceeded the statutory time limit, obtain bail pending trial, monitor his residence or change the compulsory measures according to law.
Article 96 A criminal suspect may hire a lawyer to provide him with legal advice, represent him in complaints and accusations after the first interrogation by the investigation organ or from the date when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ.
The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect. When a lawyer meets a criminal suspect in custody, the investigation organ may send personnel to be present according to the circumstances and needs of the case. When a lawyer meets a criminal suspect in custody in a case involving state secrets, it shall be approved by the investigation organ.
Article 133 A people's procuratorate shall interrogate a person detained in a case directly accepted within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued. Those who need to be arrested but have insufficient evidence may be released on bail pending trial or under residential surveillance.
Article 134 If a people's procuratorate deems it necessary to arrest a person detained in a case directly accepted, it shall make a decision within 10 days. Under special circumstances, the time for deciding to arrest may be extended by one to four days. If there is no need for arrest, it shall be released immediately; Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.