The executing organ of bail pending trial is the public security organ. Bail pending trial refers to a criminal compulsory measure that the investigation, procuratorial and judicial organs order a person who has been criminally prosecuted but not detained to put forward a guarantor or pay a deposit, and issue a letter of guarantee to ensure that he can be summoned at any time.
People's courts, people's procuratorates and public security organs all have the right to decide to obtain bail for criminal suspects and defendants pending trial. However, according to the regulations, there is only one executing organ for bail pending trial, that is, the public security organ. Measures taken by people's courts, people's procuratorates and public security organs to obtain bail pending trial shall be implemented by public security organs. This provision mainly takes into account that public security organs generally have agencies at the grassroots level, which are closely linked with grassroots organizations such as residents' committees and villagers' committees and have the power to execute detention and arrest. The execution of bail pending trial by public security organs is convenient for strengthening the supervision and inspection of those who have been released on bail pending trial. Once it is found that it violates the regulations or there is a situation that is not suitable for bail pending trial, it can be dealt with in time according to law.
How much does it cost to get bail pending trial?
1. Provisions on the amount of bail pending trial:
In case of bail pending trial, the starting amount of the bail is 1000 yuan.
Comprehensive consideration should be given to the social risks of criminal suspects and defendants, the plot and nature of the case, the severity of possible punishment, the economic situation of criminal suspects and defendants, the level of local economic development and other factors. , the deposit amount is determined.
2, the provisions of the Ministry of public security on bail pending trial:
(1) The amount of the deposit shall be determined according to the local economic development level, the financial situation of the criminal suspect, the nature, circumstances, social harmfulness and the severity of possible punishment of the case.
(two) for economic crimes, crimes against property or other crimes that cause property losses, the amount of the deposit can be determined according to one to three times the amount involved or the amount of direct property losses;
(3) For other criminal offences, according to the different circumstances of the case, the standard of deposit amount can be determined between 2,000 yuan and 50,000 yuan.
Note: The public security departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government shall, according to the nature and social harmfulness of different types of cases, and in combination with the local economic development level, determine the standard of the amount of the deposit collected in the local area and the standard of the amount approved by the public security organs at or above the prefecture level.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 67 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant 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 will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial shall be executed by the public security organ.
Provisions on Issues Related to the Application of Criminal Compulsory Measures
Rule number one. If the people's procuratorate decides to take bail pending trial measures against the criminal suspect, it shall make an announcement to the criminal suspect and hand it over to the public security organ for execution. If the criminal suspect is guaranteed by a guarantor, the people's procuratorate shall send the legal documents and materials related to the cause of action, the basic information of the criminal suspect and the basic information of the guarantor to the public security organ at the same level where the criminal suspect lives; If the criminal suspect has a deposit guarantee, the people's procuratorate shall, after verifying that the deposit has been paid to the bank designated by the public security organ, send the relevant legal documents, the relevant cause of action, the basic information of the criminal suspect and the receipt issued by the bank to the public security organ at the same level where the criminal suspect lives.