Can I take the personnel exam while awaiting trial on bail?
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Can't take the personnel examination during the period of bail pending trial.
Detaining on bail pending trial is a criminal coercive measure stipulated in the Criminal Procedure Law of the People's Republic of China*** and the State. It refers to the public security organs, the people's procuratorate and the people's court and other judicial organs in the criminal proceedings on the criminal suspect, the defendant who has not been arrested or need to change the coercive measures after the arrest, in order to prevent him from evading investigation, prosecution and trial, and ordered him to put forward a guarantor or deposit, and issued a bond to ensure that with the summoning of a mandatory measure, not to be detained or temporarily released from its custody. It is enforced by the public security organs. Objectively speaking, criminal suspects are detained, the most should be considered and the most worthy of time and effort spent on behalf of the act that is the bail pending trial.
Explanation
In our country, refers to the people's court, the people's procuratorate or the public security organs to order certain criminal suspects, criminal defendants to put forward a guarantor or deposit, to ensure that with the summoning of the compulsory measures. It is enforced by the public security organs.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Relevant Issues Concerning the Application of Criminal Compulsory Measures: Where a people's procuratorate decides to take a measure of obtaining a guarantor's guarantee for a criminal suspect, it shall, after announcing this to the suspect, refer it to the public security organ for execution. Where the suspect is to be guaranteed by a surety, the people's procuratorate shall send the relevant legal documents and materials relating to the subject matter of the case, the suspect's basic circumstances and the basic circumstances of the surety to the public security organ at the same level as that of the suspect's place of residence; where the suspect is to be guaranteed by a security deposit, the people's procuratorate shall, after verifying that the deposit has been deposited in the bank designated by the public security organ, send the relevant legal documents, The relevant legal documents, materials concerning the cause of the case, the basic situation of the suspect, and the receipt issued by the bank, sent to the public security organs at the same level of the suspect's place of residence.
After receiving the relevant legal instruments and materials, the public security organs shall immediately hand them over to the public security organs at the county level of the suspect's place of residence for execution. The public security organ at the county level responsible for the execution shall, within twenty-four hours, verify the identity of the person who has been released on bail and the guarantor, as well as the relevant materials, and report to the person in charge of the public security organ at the county level before notifying the police station where the suspect resides to carry out the execution.
Features
Compared with foreign bail systems, China's bail system has its own features. According to the provisions of the Criminal Procedure Law, the release on bail pending trial is a coercive method by which the three organs of the public prosecutor and the law, in the course of criminal proceedings, legally order the suspect or defendant to put forward a guarantor or post a bond, guaranteeing that the suspect or defendant will not evade the investigation and trial, and that the suspect or defendant will be summoned to come to trial at their own will. This kind of coercive measures can not only do not detain criminal suspects and defendants, so that they can take care of their families or engage in their original work and labor, to do something useful for the community, but also to make them feel that the state and the community care for them, but also reduce the state for detained persons living, management costs and other expenditures, so as to alleviate the pressure of the work of the place of detention.