According to Articles 50, 51, 60 and other relevant provisions of the Criminal Procedure Law, the conditions for release on bail pending trial are as follows:
1. May be sentenced to surveillance, criminal detention or independence Additional penalties apply. That is to say, if the criminal suspect or defendant has committed a minor crime and does not need to be arrested, but may evade investigation, prosecution, trial, etc. and hinder the smooth progress of the lawsuit, he or she should be released on bail pending trial.
2. He may be sentenced to a term of imprisonment or more, and being released on bail pending trial will not pose a social risk. That is, if the crime of a criminal suspect or defendant is serious, but there will be no social danger when released on bail pending trial, and there is no need for arrest, he should be released on bail pending trial.
3. Those who should be arrested but are not suitable for detention due to serious illness, or who are unable to take care of themselves due to illness, may be released on bail pending trial.
4. Those who should be arrested according to law but are pregnant or breastfeeding their own babies. In this case, if the person is discovered before the arrest, the arrest cannot be decided; if the person is discovered after the arrest, the coercive measures should be changed to release on bail pending trial.
5. A criminal suspect detained in accordance with the law is deemed necessary to arrest after interrogation and review, but there is insufficient evidence. This refers to a situation in which a detainee may be sentenced to a term of imprisonment or more, but there is insufficient evidence to prove the facts of his crime. Corresponding evidence cannot be collected within the legal period of detention, but it is necessary to continue to collect evidence. Boulevard
6. Arrested and detained criminal suspects and defendants cannot conclude their cases within the statutory time limits for investigation, prosecution, first instance, and second instance, and there is no social danger in being released on bail pending trial. In addition, according to Article 37, Item 7 of the "Rules of the Supreme People's Procuratorate", criminal suspects holding a valid passport or other valid exit documents can leave the country to evade investigation, but do not need to be arrested, and can be released on bail pending trial. According to Items 5 and 7 of Article 63 of the Regulations of the Ministry of Public Security, if the procuratorate refuses to approve an arrest that requires reconsideration or review, and transfers it for prosecution, the procuratorate decides not to prosecute, and the criminal suspect who requires review or review can also be released on bail. Awaiting trial.
Article 64 of the "Regulations of the Ministry of Public Security" stipulates that repeat offenders, principals of criminal groups, criminal suspects who evade investigation by self-injury or self-mutilation, criminal suspects endangering national security, violent crimes and other Suspects of serious crimes may not be released on bail pending trial. Article 38 of the "Rules of the Supreme People's Procuratorate" stipulates that criminal suspects who seriously endanger social security and other criminal suspects with egregious nature and serious circumstances shall not be released on bail pending trial.
Article 56 of the Avenue Criminal Procedure Law stipulates that criminal suspects and defendants who are released on bail pending trial shall abide by the following provisions: (1) Without the approval of the enforcement agency, they shall not leave the city or city where they live. county. This is a restriction on the movement area of ??persons released on bail pending trial. If there is a legitimate reason to leave, it must be approved by the public security agency responsible for enforcement. Before approving a person who is released on bail pending trial to leave the city or county where he or she lives, the enforcement agency must obtain the consent of the agency that decided to release the person on bail pending trial. (2) Arrive promptly at the arraignment. The purpose of bail pending trial is to ensure the smooth progress of investigation, prosecution and trial. As a criminal suspect or defendant, you must be available at all times. (3) Witnesses' testimony shall not be interfered with in any form. Criminal suspects and defendants who are released on bail pending trial cannot use their freedom to interfere with witnesses' testimony, such as threatening, beating, retaliating against relevant witnesses, or inducing witnesses to commit perjury, etc. (4) No forgery, destruction of evidence or collusion is allowed. That is to say, persons released on bail pending trial are not allowed to take advantage of the convenience of not being detained to form an offensive and defensive alliance with other co-defendants, use a unified voice, and conceal, destroy, or falsify evidence and materials related to the case.
If a criminal suspect or defendant who is released on bail pending trial violates the above provisions and has paid a deposit in accordance with the provisions of paragraph 2 of Article 56 of the Criminal Procedure Law, the deposit shall be confiscated and, depending on the circumstances, ordered to commit a crime The suspect or defendant shall declare repentance, pay a new security deposit, provide a guarantor or place them under residential surveillance, and then be arrested.