According to the Criminal Procedure Law of People's Republic of China (PRC):
Article 71 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(2) Not meeting or communicating with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.
If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.
Extended data:
Lichuan, Jiangxi Province: "Full Monitoring" on bail pending trial
At the beginning of this year, lichuan county Procuratorate began to implement the investigation mechanism of bail pending trial, equipped with a police officer to handle bail pending trial application cases, and monitored the implementation.
In order to ensure that the decision on bail pending trial is correct and timely, the hospital clearly requires that the applicant who is released on bail pending trial due to illness should provide the original hospital diagnosis certificate and hospital medical records, and all materials are indispensable. Copied medical records should be endorsed by the medical ward to prevent the use of false medical records for bail pending trial.
In view of the lack of legal awareness and obligation awareness of the people who have been released on bail, the hospital provides legal education before bail for every criminal suspect who has applied for bail, and comprehensively evaluates his social danger, way of being released on bail and ability to fulfill his obligations. Only in accordance with the law, can we take bail pending trial measures.
In the case that some close relatives are lazy in fulfilling the obligations of the guarantor, the court requires the public security organ to give corresponding administrative penalties to the guarantor who fails to fulfill the obligations of the guarantor.
The hospital has also established a monthly periodic report system for guarantors and bail pending trial, which requires guarantors and bail pending trial to strictly implement. At the same time, if a suitable guarantor cannot be proposed and a close relative is proposed to be the guarantor, the property preservation method will be taken as appropriate to urge the guarantor to fulfill his legal obligations.
If the case is not tried for many times, the deposit shall be confiscated according to law, and the person who has been released on bail pending trial shall be ordered to pay the deposit again or change the compulsory measures.
The hospital also requires that the departments that handle bail pending trial should strengthen communication with the public security departments, which should coordinate and cooperate with the investigation of criminal suspects on bail pending trial and form a joint investigation force with the public security departments.
At the same time, to strengthen internal supervision, the office of the procuratorate and the case management department should regularly carry out special inspections on the implementation of the bail pending trial system, and find and correct problems in the work in time.
Since the implementation of the investigation mechanism, the hospital has handled 20 cases of 20 people on bail pending trial according to law, and there has been no phenomenon of not arriving on time.
People's Daily Online-Lichuan, Jiangxi: "Full Monitoring" on bail pending trial