Bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). In our country, it refers to the compulsory measures that people's courts, people's procuratorates or public security organs order some criminal suspects and defendants to put forward guarantors or pay deposits to ensure that they are on call.
Article 96 of the Criminal Procedure Law stipulates: "If the people's courts, people's procuratorates and public security organs find that compulsory measures against criminal suspects and defendants are improper, they shall promptly revoke or change them." This provision means that courts, procuratorates and public security organs have the right to change or cancel the decisions of compulsory measures that have been taken. We think this is a flexible provision to adapt to the different progress of the case. It should be said that this provision is more appropriate. The performance and reasons for the cancellation or change of bail pending trial mainly include the following contents:
(1) should not be investigated for criminal responsibility.
(2) The time limit for obtaining bail pending trial expires.
(3) It is found that the decision to obtain bail pending trial is improper.
(4) The arrested defendant is seriously ill.
(5) The case in which the defendant was arrested cannot be concluded within the time limit prescribed by law.
(6) The defendant who was arrested was pregnant and was breast-feeding.
(seven) the arrested defendant was sentenced to public surveillance or suspended by the people's court of first instance, and additional punishment was applied separately, and the judgment has not yet taken legal effect;
(8) The arrested defendant was detained within the term of imprisonment sentenced by the people's court of first instance during the trial by the people's court of second instance;
(9) If the defendant is arrested and the judicial appraisal has not yet been concluded, the statutory time limit expires.
(10) The criminal suspect and defendant died. Criminal suspects and defendants are guarantors or guarantors who are released on bail pending trial. Since the guarantor does not exist, the premise and significance of the existence of bail pending trial will be lost, and of course it should be revoked.
(1 1) The guarantor is dead, seriously injured or has other circumstances that make him unable to guarantee. Guarantor is the subject of obligation to obtain bail pending trial, and the existence of guarantor qualification is based on his guarantee ability. If there is no guarantee or the guarantee ability is lost, the performance of the guarantee obligation becomes practically impossible, and the bail pending trial should be changed accordingly.
(12) After the public security organ requests an arrest, the procuratorial organ refuses to approve the arrest, and the case needs reconsideration and review, or after being transferred for prosecution, the procuratorial organ decides not to prosecute and needs reconsideration and review.
To sum up, bail pending trial does not mean the end of the case. Generally, after bail pending trial, law enforcement officers will continue to investigate, and as long as the evidence is complete, they will prosecute. If the evidence is incomplete, they will continue to investigate, but only if the maximum period of bail cannot be exceeded. Therefore, there are laws to follow in the handling of cases.