In case of bail pending trial, the starting amount of the bail is 1000 yuan. At the same time, it is necessary to comprehensively consider the social dangers 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 local economic development level and other factors. And determine the amount of the deposit.
After 24 hours of criminal detention, those who meet the requirements can apply for bail pending trial, and the deposit is 1000 yuan. Those who meet the requirements can come out after approval by the public security organ. Guarantor shall abide by relevant laws and regulations. For example, the guarantor needs to be present in time at the time of arraignment, and can't leave the city or county where he lives without approval.
What are the procedures for bail pending trial?
1, apply for bail pending trial
Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be made in writing.
2. The decision to get a bail pending trial
The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant 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 procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement. In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial.
3. Execution of bail pending trial
The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the regulations during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
4. Provisions to be observed in obtaining a guarantor pending trial
(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.
5. Consequences of violation of the provisions on bail pending trial
If the deposit has been paid, the deposit shall be confiscated, and according to different circumstances, the criminal suspect and defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence, and be arrested.
Note: If the person who is released on bail commits a crime again during the period of release on bail, the deposit will be temporarily withheld; If a crime is intentionally committed, the deposit shall be confiscated; If the crime is negligent, the deposit will be refunded.
6. Time limit for obtaining bail pending trial
The longest period shall not exceed 12 months.
A criminal suspect who meets the conditions of obtaining a guarantor pending trial may apply for obtaining a guarantor pending trial the day after he is detained in criminal detention, and then the public security organ, procuratorate and court will decide whether to grant a guarantor pending trial. Generally, a decision will be made within 7 days, and the public security organ will approve the bail pending trial. Bail pending trial can be obtained by providing a deposit or acting as a guarantor.
To sum up, criminal detention can generally be released on bail after 24 hours. A criminal suspect or close relative who meets the conditions for obtaining a bail pending trial may apply for obtaining a bail pending trial. After examination and approval, it shall be executed by the public security organ. During the period of bail pending trial, the guarantor shall not leave the city where he lives without the approval of the executing organ.
Legal basis:
Criminal procedure law
Article 67
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.