1. Conditions for release on bail pending trial
1. Those who may be sentenced to public surveillance, criminal detention, or independent additional penalties;
2. Those who may be sentenced to fixed-term imprisonment or more, and being released on bail pending trial will not cause social danger
3. Those who may be suffering from serious diseases, unable to take care of themselves, pregnant or breastfeeding their own babies. There is no social danger if this is done.
2. Specific procedures for release on bail pending trial
1. Apply for release on bail pending trial.
Detained criminal suspects, defendants, their legal representatives, and close relatives have the right to apply for release on bail pending trial. After a criminal suspect is arrested, the lawyer hired by him can apply for release on bail pending trial. Applications for release on bail pending trial must be in writing.
2. Decision to release on bail pending trial.
After receiving the application for bail pending trial, the public security organs, people's procuratorates, and people's courts shall respond within seven days whether they agree or disagree. If a criminal suspect or defendant decides to release on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the chief procurator of the procuratorate, or the president of the people's court for approval, and a "Decision on Release on Release pending trial" and a "Notice on Release on Release pending trial" shall be prepared, and the order The criminal suspect or defendant shall provide a guarantor or pay a deposit. For those who do not meet the legal conditions for release on bail pending trial, the applicant will not be approved for release on bail pending trial, and the applicant will be notified to explain the reasons for disapproval. In addition, judicial organs can decide on their own to release criminal suspects on bail pending trial based on the needs of the case.
3. Implementation of bail pending trial.
The public security organs shall read out the "Decision on Release on Guarantee pending trial", sign or seal it, and inform them of the regulations that must be observed during the period of release on bail pending trial. After the period of release on bail pending trial expires, the public security organ responsible for enforcement shall return the deposit to the criminal suspect or defendant and notify the guarantor to terminate the guarantee.
IV. Applicable conditions for release on bail pending trial
Those who may be sentenced to public surveillance, criminal detention, or independently subject to additional penalties;
may be sentenced to a penalty of fixed-term imprisonment or more, and are released on bail. The person awaiting trial will not pose a risk to society;
The person should be arrested according to the law, but it is not appropriate to arrest because he is suffering from a serious disease, or is pregnant or breastfeeding his own baby;
The criminal suspect has already Criminal detention in accordance with the law, and after interrogation and examination, it is deemed necessary to arrest but the evidence is insufficient;
The defendant who has been arrested and detained in a detention center shall not be subject to statutory investigation detention, review and prosecution, first instance, or If the second instance cannot be concluded during the second trial, the method of being released on bail pending trial does not pose a social risk;
Possessing a valid passport or other valid exit documents, it is possible to leave the country to avoid investigation. If a security deposit is paid, and there are different circumstances, the criminal suspect or defendant shall be ordered to declare repentance, pay a new security deposit, or provide a guarantor, or be placed under residential surveillance, or be arrested.
Note: If you commit another crime while on bail pending trial:
① Seizure the security deposit;
② If you commit a deliberate crime, the security deposit will be confiscated; if you commit a negligent crime, the security deposit will be returned.
6. Period of release on bail pending trial
The maximum period of release on bail pending trial shall not exceed twelve months.
Because the approval of bail pending trial is decided by the leaders of the public security organs, procuratorates, and courts. Therefore, the current success rate of obtaining bail pending trial in our country is not high. Therefore, as a family member of a criminal suspect, it is best to hire an experienced lawyer to apply for bail pending trial.
Bail pending trial is when the public security organs, people's procuratorates, and people's courts order criminal suspects or defendants to provide a guarantor or pay a deposit to ensure that the criminal suspect or defendant does not evade or hinder investigation, prosecution, or trial, and A coercive method accompanied by a summons. If a criminal suspect or defendant violates the provisions on bail pending trial, it may constitute a condition for arrest.
Legal basis: "Criminal Procedure Law of the People's Republic of China"
Article 67 The people's courts, people's procuratorates and public security organs shall investigate criminal suspects and defendants who have any of the following circumstances: A person may be released on bail pending trial:
(1) Those who may be sentenced to surveillance, criminal detention, or additional penalties may be applied independently;
(2) Criminal suspects or defendants may be released on bail pending trial.
(2) The criminal suspect may be sentenced to a penalty of fixed-term imprisonment or more, and being released on bail pending trial will not pose a social danger;
(3) The criminal suspect suffers from a serious disease and cannot live a normal life. Those who take care of themselves, or are pregnant or breastfeeding their own children, 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, and it is necessary to be released on bail pending trial.
Bail pending trial shall be implemented by the public security organs.
Article 68: 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.
Article 69 The guarantor must meet the following conditions:
(1) Not involved in the case;
(2) Have the ability to perform the guarantee obligation;
(3) Enjoy political rights and personal freedom is not restricted;
(4) Have a fixed residence and income.