Bail pending trial means that the public security organ or procuratorate that filed the case does not have enough evidence to determine that the suspect participated in the crime, so they will not pursue the criminal responsibility of the suspect until they have new evidence.
Releasing bail does not mean closing the case, because the bail period is only one year. If there is still no evidence to transfer the criminal suspect for examination and prosecution at the expiration of the period, the case can be closed only after obtaining bail pending trial and receiving the decision to dismiss the case.
Extended data:
Article 96 of the Criminal Procedure Law stipulates: "If the people's courts, people's procuratorates and public security organs find that the compulsory measures taken 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. . The performance and reasons for the cancellation or change of bail pending trial mainly include the following contents:
1. Criminal responsibility should not be investigated.
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 defendant who has been arrested suffers from serious illness and cannot take care of himself. Taking bail pending trial will not cause social danger.
5. The defendant has been arrested and the case cannot be concluded within the time limit prescribed by law.
6. If the arrested defendant is pregnant or breast-feeding, taking bail pending trial will not cause social danger.
7. The defendant has been arrested, and the people's court of first instance has sentenced him to public surveillance or probation and applied additional punishments respectively, and the judgment has not yet taken legal effect;
8. During the trial of the arrested defendant by the people's court of second instance, the defendant has been detained until the time limit sentenced by the people's court of first instance to fixed-term imprisonment;
9. The defendant has been arrested, and the time limit prescribed by law expires because the judicial expertise has not yet been concluded.
1. The criminal suspect or defendant dies. 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.
11. The guarantor dies, is 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 to prosecution, the procuratorial organ decides not to prosecute and needs reconsideration and review.
from the above detailed introduction, we know that bail can be cancelled, but we should pay attention to the relevant legal provisions. If your situation is complicated, this website also provides online consultation service for lawyers, and you are welcome to make legal consultation.