Release on guarantee pending further investigation refers to a compulsory measure whereby a criminal suspect or defendant is not temporarily detained or arrested, but is ordered to provide a guarantor or pay a guarantee deposit to ensure that he will not evade or obstruct the investigation, prosecution and trial, and is always summoned at any time.
The purpose of release on bail is to protect the legitimate rights and interests of a criminal suspect or defendant and to ensure the smooth progress of criminal proceedings.
The following is a detailed introduction to the relevant content of release on bail pending further investigation.
I. Applicable Conditions for Release on Guarantee Pending InvestigationThe applicable conditions for release on guarantee pending further investigation mainly include the following points: 1The criminal suspect or defendant may be sentenced to fixed-term imprisonment or higher, but release on guarantee pending further investigation will not cause danger to society;
2.The criminal suspect or defendant has a fixed residence and is able to provide a guarantor or pay a security deposit;
3.The facts of the case have been clarified, and the evidence is credible and sufficient, sufficient to determine the guilt of the criminal suspect or defendant;
4.The criminal suspect or defendant has a good attitude of admitting guilt and shows remorse.
II. Procedures for Release on Guarantee Pending InvestigationThe procedures for release on guarantee pending further investigation include the following steps:1Criminal suspects or defendants and their legally-designated persons, close relatives or defenders may submit an application for release on guarantee pending further investigation to the public security organs, people's procuratorates or people's courts;
2.The public security organs, people's procuratorates, or people's courts shall make a decision on whether to agree to release on guarantee pending further investigation within 7 days of receiving the application, and notify the applicant;
3.If a decision is made to release on guarantee pending further investigation, the public security organs shall order the criminal suspect or defendant to submit a guarantor or pay a guarantee deposit, and issue a written decision to release on guarantee pending further investigation;
4.During the period of release on guarantee pending further investigation, the criminal suspect or defendant shall comply with relevant provisions, such as not leaving the designated location, and must not interfere with the investigation of the case;
5.When the period for release on guarantee is completed or the case is concluded, the public security organs shall promptly lift the release on guarantee measures.
III. Precautions for Release on Guarantee Pending TrialDuring the period of release on bail, the criminal suspect or defendant needs to pay attention to the following points: 1Strictly abide by all provisions during the period of release on guarantee, must not leave the designated place, and must not interfere with the investigation of the case;
2.Keep it unblocked, and accept summons from public security organs, people's procuratorates or people's courts at any time;
3.If it is found that the guarantor is no longer suitable to serve as a guarantor or that the guarantee deposit is insufficient to cover the expenses that may be incurred, it shall be promptly reported to the public security organs, people's procuratorates or people's courts;
4.If new evidence or circumstances are discovered during the period of release on guarantee pending further investigation, it shall be promptly reported to the public security organs, people's procuratorates, or people's courts.
IV. The Significance of Release on Guarantee Pending TrialAs a compulsory measure, release on guarantee pending further investigation has the following significance: 1protect the lawful rights and interests of criminal suspects or defendants and avoid unnecessary detention;
2.improve the efficiency of criminal proceedings and reduce the waste of judicial resources;
3.Promoting criminal suspects or defendants' admission of guilt and repentance is conducive to the smooth resolution of the case.
V. Summary: Release on guarantee pending further investigation is an important measure in the course of criminal proceedings, which aims to protect the lawful rights and interests of criminal suspects or defendants, and at the same time ensure the smooth progress of criminal proceedings.
When applying release on guarantee pending further investigation, it is necessary to strictly abide by the relevant provisions and procedures to ensure the legality and effectiveness of release on guarantee pending further investigation.
Criminal suspects or defendants also need to conscientiously fulfill their obligations during the period of release on bail pending further investigation, actively cooperate with the work of the judicial organs, and strive to shake off the shadow of crime and reintegrate into society as soon as possible.