The suspect was released on bail pending trialBail pending trial was a criminal compulsory measure. After the criminal suspect was released on bail, he should abide by the following rules: without approval, he should not leave the sight of his residence; if there is a change in his address, work unit, or contact information, he must report to the executive organ within 24 hours; he must be present at the time of the summons; he must not interfere with the testimony of the witness; he must not destroy the forged evidence or collude with the testimony.
Although he was released on bail, it did not mean that he was fine. The subsequent trial procedures would still be carried out. If the case had to be transferred to the prosecutor's office for review and prosecution, it was normal for the case to continue to be released on bail. However, if they were arrested or placed under residential surveillance during the public security stage, and the prosecutor said that they could be released on bail after signing the letter of refusal to plead guilty, they needed to carefully consider and seek the advice of the lawyer. Generally speaking, it was very rare for people to be able to apply for bail during the first two stages.
During the bail period, there was no need to rush to hire a lawyer. Within the longest twelve months, if the case was not transferred to the prosecutor's office, this was a better result. After the criminal compulsory measures were completed for one year, the bail pending trial should be lifted, and there might not be any follow-up. It was also possible that after one year, the case would be closed without any notice from the public security organs. If a few months later, they were informed that the case would be transferred to the prosecutor's office for review and prosecution, they would have to pay attention to it. After the transfer, they should consider asking a lawyer to read the case immediately to determine whether the evidence could prove the facts of the crime and whether the charges were accurate, so as to determine the defense line.
In addition, there was a certain degree of freedom during the bail period and they could work to earn money. Criminal suspects who were released on bail had a high chance of getting a suspended sentence. Some of them could even fight not to be sued, but they still had to behave themselves and avoid illegal and criminal behavior. Otherwise, they might be redetained. Moreover, not all cases could be released on bail. The conditions were more stringent. For example, those who might be sentenced to more than three years in prison, repeat offenders within five years, and criminal cases with civil cases without a letter of understanding were usually not allowed to be released on bail. During the period of bail pending trial, one could not go to other places at will. If they had to go, they had to obtain the approval of the enforcement agency.
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What are the conditions for bail pending trial?The conditions for bail pending trial were as follows:
1. They may be sentenced to public surveillance, criminal detention, or independent application of additional punishments. That is, if the criminal suspect or the defendant's crime is relatively light and there is no need to arrest them, but they may escape investigation, prosecution, trial, or other obstacles to the smooth progress of the lawsuit, they can be released on bail pending trial.
2. It may be sentenced to more than fixed-term imprisonment, and taking bail pending trial will not cause social danger. Even if the criminal suspect or the defendant's crime is relatively serious, if there is no danger to society during bail pending trial and there is no need to arrest him, bail pending trial shall be used.
3. Those who should be arrested but are seriously ill and unfit to be detained, such as those 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 breast-feeding their own babies. If such a situation was discovered before the arrest, the arrest could not be decided. If it was discovered after the arrest, the compulsory measures should be changed to bail pending trial.
5. For a criminal suspect who has been detained according to law, after interrogation and examination, it is deemed necessary to arrest him but there is insufficient evidence. This referred to the situation where the detained person might be sentenced to more than a fixed-term imprisonment, but there was insufficient evidence to prove that he had committed a crime. The corresponding evidence could not be collected within the legal period of detention, and the evidence needed to be collected.
6. A criminal suspect or defendant who has been arrested and detained cannot be closed within the legal time limit for investigation, prosecution, first trial and second trial, and there is no danger to society by using the method of bail pending trial.
7. According to the regulations of the Supreme People's Court, a criminal suspect who holds a valid passport or other valid exit documents and may leave the country to escape investigation but does not need to be arrested may be released on bail pending trial.
8. According to the regulations of the Ministry of Public Security, after the arrest was requested, if the prosecutor did not approve the arrest and needed to reconsider or review, after the case was transferred for prosecution, the prosecutor decided not to sue. The criminal suspect who needed to reconsider or review the case could also be released on bail pending trial.
In addition, for repeat offenders, the principal criminals of criminal groups, criminal suspects who escape investigation by self-injury or self-harm, criminal suspects who commit violent crimes and other serious crimes, they are not allowed to be released on bail pending trial. Criminal suspects who seriously endanger public security, as well as other criminal suspects who commit crimes of a bad nature and serious circumstances, are also not allowed to be released on bail pending trial.
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