Bail pending trial refers to a compulsory measure that the investigation organ orders the criminal suspect to provide a guarantor or pay a deposit and issue a letter of guarantee to ensure that he does not evade or hinder the investigation. Usually used for criminal suspects who have minor crimes and do not need to be detained or arrested, but need to restrict their freedom of movement. It is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC).
Conditions for becoming a guarantor on bail pending trial
According to the provisions of China's criminal procedure law, a guarantor who has been released on bail pending trial can be a guarantor as long as he has the ability to fulfill his guarantee obligations, is not involved in this case, enjoys political rights, has personal freedom, has a fixed residence and income, and does not specify who the guarantor is. In other words, anyone who meets the above conditions can become a guarantor, usually a guardian, close relative or friend of the suspect, or even a lawyer who files a case for the suspect.
Article 54 of the Criminal Procedure Law, a guarantor must meet the following conditions: (1) It is irrelevant to the case; (2) Having the ability to perform the guarantee obligations; (three) enjoy political rights and personal freedom is not restricted; (4) Having a fixed residence and income.
Bail pending trial procedure
To apply for bail pending trial, the criminal suspect, the defendant himself or his legal representative, close relatives, lawyers hired at the investigation stage or defenders entrusted after examination and prosecution shall submit a written application to the judicial organ, that is, fill out the application form for bail pending trial. In the investigation stage, apply to the investigation organ; In the stage of examination and prosecution, apply to the procuratorial organ; At the trial stage, apply to the people's court.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 67 Conditions and implementation of obtaining a guarantor pending trial 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.