Release on bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of the People's Republic of China. It refers to the judicial organs such as public security organs, people's procuratorates and people's courts in criminal proceedings, ordering criminal suspects and defendants who have not been arrested or who need to change compulsory measures after arrest, in order to prevent them from evading investigation, prosecution and trial. A guarantor or a security deposit is issued and a letter of guarantee is issued to ensure that he will not be detained or temporarily relieved of his detention if he is on call. Executed by the police. Objectively speaking, after a criminal suspect is detained, the most worthy of consideration and the most worthy of spending time and energy is to release on bail pending trial. But not all detained suspects can be released on bail pending trial, so what conditions must be met for release on bail pending trial?？

 

According to the provisions of the Criminal Procedure Law, if one of the following conditions is met, the parties, legal representatives, close relatives and defenders may apply to the public security organs, procuratorial organs or courts for release on bail pending trial:

1. May be sentenced to public surveillance, short-term detention or independent application of additional punishment;

2. It may be sentenced to fixed-term imprisonment or more, and the release on bail pending trial will not cause social danger;

3. Women who are seriously ill, unable to take care of themselves, pregnant or breastfeeding their own babies, take bail pending trial to avoid social danger;

4. The detention period has expired, the case has not been settled, and it is necessary to take release on bail pending trial;

5. Other arrest measures that need to be changed.

 

To be released on bail pending trial requires a guarantor or a bond, whichever is the best choice.

The starting amount of the security deposit is 1,000 yuan (500 yuan for minors), and the specific Jin'e is determined by the public security, procuratorate or court.

For those who are unable to pay the security deposit, minors or those who have reached the age of 75, the guarantor system shall apply.

As a guarantor for release on bail pending trial, the following conditions must be met:

1. Not involved in the case;

2. Ability to perform guarantee obligations;

3. The enjoyment of political rights and freedom is not restricted;

4. Have a fixed residence and income.

 

 

The period of bail pending trial is generally 12 months. During this period, the person released on bail pending trial needs to perform the following obligations:

1. Not to leave the city or county where they live without the approval of the executive authority;

2. If the address, work unit and contact information change, report to the executive organ within 24 hours;

3. Arrive in time at the time of the subpoena;

4. Not to interfere with witness testimony in any form;

5. Do not destroy, falsify evidence or collude to confess.

 

 

Depending on the circumstances of the case, the person released on bail may be ordered to comply with one or more of the following provisions:

1. Not to enter a specific place;

2. Not to meet or communicate with specific persons;

3. Not to engage in specific activities;

4. Submit the entry and exit documents and driving licenses to the enforcement agency for preservation.

 

For those who violate the above obligations and have already paid the security deposit, part or all of the security deposit shall be confiscated, and according to the specific circumstances of the case, the criminal suspect or defendant shall be ordered to make a statement of repentance, re-pay the security deposit or propose a guarantor. Those who are no longer suitable for release on bail pending trial may be subject to residential surveillance or arrest. Where arrest is necessary, the criminal suspect or defendant may be detained first.