Release on bail pending trial: interpretation and application of legal provisions.
In criminal justice procedures, release on bail pending trial is a common coercive measure aimed at ensuring that criminal suspects and defendants can be summoned at any time during the trial, do not abscond out of the country, and do not destroy evidence. However, for many non-legal professionals, the specific legal terms and conditions of bail may seem complex. This article will give you an in-depth understanding of the legal provisions of bail to help you better understand this legal concept.
First, let's understand the definition of bail. To put it simply, release on guarantee pending further investigation refers to measures whereby the public security organs, people's procuratorates, and people's courts order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to provide a guarantor or pay a guarantee deposit, and not to leave the designated place for a certain period of time, and to be summoned at any time.
Next, let's take a closer look at the legal terms of bail. Article 71 of the Criminal Procedure Law of the People's Republic of China stipulates: "The people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances who meet the requirements for arrest: (1) they may be sentenced to controlled release, short-term detention or independently applied supplementary punishments;(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation so that there will be no danger to society;(4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs. ”
From the above provisions, we can see that the following conditions need to be met for the application of bail pending further investigation:
The criminal suspect or defendant meets the requirements for arrest;
may be sentenced to controlled release, criminal detention or an independent application of supplementary sentences;
may be sentenced to fixed-term imprisonment or more, but release on bail pending trial will not pose a danger to society;
If a criminal suspect or defendant suffers from a serious illness, is unable to take care of himself, or is pregnant or breastfeeding his or her own baby, release on bail pending further investigation will not pose a danger to society;
When the period of detention expires and the case has not yet been concluded, it is necessary to be released on bail pending further investigation.
It is worth noting that the above condition of "no danger to society" is an important criterion for judging whether release on bail pending further investigation is applicable. The judgment of this standard needs to consider multiple factors such as the personal circumstances of the criminal suspect or defendant, the nature of the crime, and the state of the evidence. In practice, the public security organs, people's procuratorates and people's courts will conduct a comprehensive assessment based on the specific circumstances.
In addition, there are two types of guarantees for release on bail pending further investigation: guarantor guarantee and security deposit. The person released on bail may choose to provide a guarantor or pay a security deposit. If a guarantor is chosen for guarantee, the person released on guarantee needs to provide a qualified person as the guarantor, and the guarantor needs to be jointly and severally liable for the acts of the person released on guarantee. If a security deposit is chosen, the person released on bail is required to pay a certain amount of cash as a security deposit and promise to abide by the relevant restrictions.
During the period of release on bail, the person released on guarantee must comply with relevant restrictions, such as not leaving the designated place and not coming into contact with the victim or other relevant persons. If the restrictions are violated, the public security organs may take compulsory measures in accordance with law or revoke release on guarantee pending further investigation, and re-transfer the case for prosecution.
In short, release on bail pending further investigation is an important measure in criminal justice procedures and is of great significance for protecting the legitimate rights and interests of criminal suspects and defendants. Understanding the legal terms and conditions of bail helps us better understand this legal concept so that we can make more informed decisions if we or our family and friends are faced with related legal issues. At the same time, we should also recognize that release on bail is not a way to evade legal sanctions, and that everyone should abide by laws and regulations and respect the judicial process.