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In addition to arrest, you also need to understand this coercive measure.

Released in:2024-03-22 10:21 Click quantity:71

●Applicability of bail in the pending trial

When will the people's court, the people's procuratorate and the public security organs take the bail upon pending trial against the suspects and defendants?

(1) It may be sentenced to control, criminal detention or independent application of additional punishment;

(2) It may be sentenced to a sentence of imprisonment or more, and may not be a social danger to take a bail in the pending trial;

(3) Women who suffer from serious diseases and cannot take care of themselves, who are pregnant or are breastfeeding their own babies, are not to be socially dangerous when they are on bail;

(4) When the period of detention expires, the case has not yet been settled and it is necessary to take a bail in the pending trial.

However, for recidivism, the principal of a criminal group, criminal suspects who evade investigation by self-hurt or self-injury, serious violent crimes and other serious criminal suspects may not be released on bail; except for the suspect has the third and fourth cases of the above provisions. In addition, the People's Procuratorate may not release on bail for criminal suspects who seriously endanger public security, as well as other criminal suspects with serious crimes and serious circumstances. Although the people's court, the people's procuratorate and the public security organ may decide to take the guarantor pending trial to the criminal suspect or defendant , after which the execution can only be made by the public security organ.

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 If the criminal suspect or defendant who is on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, he or she will be confiscated part or all of the deposit, and in different circumstances, order the criminal suspect and the defendant to have repentance, repay the deposit, put forward a guarantor, or residency surveillance and arrest.

 If it is necessary to arrest a criminal suspect or defendant who violates the provisions on bail pending trial, he or she may be detained first.

 Where the people's court, the people's procuratorate and the public security organ decide to release the suspect or defendant for bail pending trial, they shall order the criminal suspect or the defendant to present the guarantor or pay the deposit. However, if the same criminal suspect or defendant decides to take bail pending trial, the guarantor and the deposit shall not be applied concurrently.

 (1). The situation of the guarantor is applicable.

For criminal suspects and defendants who meet the conditions for bail pending trial and have one of the following circumstances, the public security and judicial organs may decide to use the guarantor to guarantee: 1 unable to pay the deposit; 2 minors or persons over 75 years of age ; 3 other circumstances that are not suitable for collecting a deposit.

 (2). The prerequisite Conditions and Obligations of the guarantor



(3). Guarantor's Liability picture2_20190512104924.jpg

 

During the period of guarantor pending trial, if the guarantor violates the provisions of Article 71 of the Criminal Procedure Law and the guarantor fails to perform the guarantee obligation, the guarantor shall be fined between 1,000 yuan and 20,000 yuan, which constitutes a crime, and If the case constitutes a crime, criminal responsibility shall be investigated according to law.

1. The amount of the deposit

The decision-making body for bail pending trial shall comprehensively consider the need to ensure the normal conduct of the litigation activities, the social danger of being released on the trial, the nature and circumstances of the case, the severity of the sentence, the economic situation of the insurer to determinate the amount of the deposit, the person who provides the deposit should deposit the amount of the deposit into the special account of the bank designated by the executive. The starting point of the deposit is 1,000 yuan. For juvenile criminal suspects, you can order a deposit of more than 500 yuan.


 2. Return and confiscation of the deposit

 When the guarantee is awaiting trial and the deposit need to be refunded, if the bailed money is guaranteed to be in his personal property, the people's court may notify the public security organ in writing to transfer the deposit to the people's court for reimbursement of the victim, performance of the incidental civil compensation obligation or execution of the property penalty, and the remainder shall be returned to the defendant. .

If the defendant is not in violation of the law, he is obliged to be released from the bail pending trial. However, if he is suspected of re-offending and is investigated by the public security and judicial organs during the bail pending trial, the executing organ shall temporarily withhold his deposit and decide whether to confiscate it or not after the judgment of the people's court comes into effect. For deliberate re-offending, the deposit shall be forfeited; if the crime is re-offended or does not constitute a crime, the deposit shall be refunded.

 Time limit for bail pending trial

The maximum period of bail pending trial shall not exceed 12 months. In the same litigation stage, if the application for bail pending trial is applied multiple times, the time limit shall be continuously calculated; from the previous stage to the latter stage, the time limit for obtaining the bail pending trial shall be recalculated. To put it simply, the same litigation phase is continuously calculated, and the different litigation phases are recalculated. During the period of bail pending trial, the investigation, prosecution and trial of the case must not be interrupted.




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