What is the bail?

   Bail, is "a criminal coercive measures" provisions of the criminal procedure law of the people's Republic of china. Refers to the criminal proceedings in the public security organs, people's Procuratorate and the people's court and judicial organs to coercive measures to change without arrest or detention after the suspect, the defendant, to prevent the escape of investigation, prosecution and trial, shall be ordered to provide a guarantor or pay margin, and provide the guarantee, guarantee the recognizances to, not detention or temporarily lifted the detention of a compulsory measure for the.  

   The decision of the bail belong to the public security organ, the people's Procuratorate and the people's court.

   The bail must comply with the statutory conditions.

   Bail people and properties of two kinds of.

   Provisions have been released on bail pending trial person must comply with the mandatory.

   Bail enforcement by the public security organs.

Lawyers to help bail

   The criminal suspect in custody, the family the most anxious for the release on bail. 1997 revised "law of criminal procedure" lawyers can help bail, a number of "special agent bail" emerge as the times require the lawyer.

   I'm wondering. I don't know "special agent bail" lawyer specifically what to do work.

   According to the law of criminal procedure law in 1979, there was no application for bail right. The only suspect families apply for bail right. The lawyer was for family members to fill in an application form. In accordance with the bail conditions, do not apply, the public security organs to ban bail. Do not meet the conditions, the application will not be ignored.

   I and "special agent bail" lawyer chat, they told me: people just caught the most anxious family members, this time is the best.

   I asked: family made bail application useful? They told me: do not consider the bail application of no use, the main purpose is to hold customer, let them to please our defence prosecution stage.

   I didn't do apply for bail business.

The bail conditions

   The new "criminal procedural law" the provisions of article sixty-fifth:

  "The people's court, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, can bail:

  "(a) may be sentenced to public surveillance, detention or independent additional penal apply;

  "(two) may be sentenced penalty above, release on bail will not take the danger to the society;

  "(three) with severe disease, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;

  "(four) detention period expires, the case has not yet completed, need to take bail."

 

   What people have the right to apply for bail?

   To meet the above conditions, the public security organ shall not be detained, procuratorate should not approve the arrest. Do not need to apply for bail, directly determine.

   Public security organs have not found above, the arrest of the suspect, detained persons and their families have the right to make an arrest decision shall reflect the above situation, application for bail. If the detainee found herself pregnant, the case handling organ shall timely take detainees go to hospital for examination, confirmed after pregnancy, immediately notify the detainee to apply for bail. The detainee sudden cerebral thrombosis, the life cannot provide for oneself, the case handling organ shall notify the family members apply for bail. The detainee beyond the statutory period of detention, the case handling organ shall immediately after the discovery, to apply for bail.

   79 years of "Criminal Procedure Law" fifty-second stipulation: the criminal suspect in custody, the defendant and his agent ad litem, near relatives shall have the right to apply for bail. -- application for bail right belongs to the detainees and their relatives are.

   The new "criminal procedural law" the fifty-second changed to ninety-fifth, amended as:

   "The suspect, the defendant and hisThe statutory agentPeople, close relatives or counsel have the right to apply for alteration of the compulsory measures."

   Application for bail is mainly the detainee's rights. Since the beginning of 2013, lawyers have the right to apply for bail is.

 

How to apply for bail?

  First, fill out and submit the "application form" bail. But only in the bail application not to bail the consequences.

  From the beginning of 2013 lawyers may apply for obtaining a guarantor pending trial, but the case handling organ not because the lawyer and the adoption application.

   The key is to produce evidence, to persuade the case handling organ, the case handling organ that the detainee meets the bail conditions.

  The lawyer to apply for bail should provide the following evidence:

  1 that the detainee crimes not sentenced penalty above.

  2 people in custody after the crime that surrendered the initiative, actively restore losses (such as theft crime initiative return), active treatment of victims, active compensation, have been forgiven by the victim.

  3 that the detainee translation, serious illness, or pregnant, or breast-feeding period.

  4 that detainees have exceeded the statutory period of detention.

  5 that the detainee fixed and permanent residence in the city, make sure to come.

 

The bail application

  The original "Criminal Procedure Law" does not require judicial organs should be how to deal with detainees and their relatives.

  Belonging to the extended detention or find the detainee pregnant or welcome serious illness, not to the applicant any reply. Directly to the detained person apply for bail. Does not belong to the bail conditions, the case handling organ ignored, also the detainee and relatives not to reply.

  After 2013, the lawyer can act as the applicant, the case handling organ shall make a reply to the applicant.

   The provisions of the new "criminal procedural law":"Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval."

  Inform notice in tabular form, reason column is "the reason of the application does not comply with the provisions of article sixty-fifth of criminal procedure law."

  The authorities agreed to bail, apply for bail formalities directly, no further reply.

 

Provisions were shall comply with bail people:

  Was released on bail the person shall be released immediately, not in custody, but not completely restore freedom of person. "Criminal Procedure Law" provisions of article fifty-sixth of the regulations were shall abide by the guarantor pending trial personnel.

  The new "criminal procedural law" the fifty-sixth changed to sixty-ninth, amended as:

  "Article sixty-ninth by the criminal suspect, defendant bail shall observe the following provisions:

 "(a) without the approval of the organ executing shall not leave the living city, county;

 "(two) address, work units and contact information changes, in twenty-four hours to inward executive report;

 "(three) in the time to;

 "(four) not to interfere in any form of witness;

 "(five) shall not destroy or falsify evidence, or collusion.

 "The people's courts, the people's procuratorates and the public security organ may according to the circumstances of the case, shall be ordered to be criminal suspects, defendants on bail the following one or more:

  "(a) shall not be allowed to enter the specific place;

 "(two) with no specific staff meeting or communication;

 "(three) may not engage in certain activities;

 "(four) the passports and other travel documents, driver's license to executing organ preservation.

 "By the criminal suspect, the defendant on bail in violation of the provisions of the preceding two paragraphs, have to payBond, the confiscation of part or all of the margin, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay margin, the guarantor, or residential surveillance, he shall be arrested.

 "In violation ofBail provisions, need to be arrested, the suspect, defendant custody.

 

Bail way

  The guarantor guarantees

  The old saying "people's insurance". By the guarantor guarantees have been released on bail pending trial people comply with the above provisions.

  Property guarantee

  The old saying "Pu newspaper". Ordering the guarantor to pay a certain margin, such as being more bail people violate the rules, the bail shall be confiscated.

 

Bail period

Bail should not be longer than 12 months.