China News Service, Beijing, September 21. On the 21st, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of State Security jointly issued the latest revised version of the "Regulations on Several Issues Concerning the Pending Trial of Bail", further clarifying the scope of application of bail pending trial, and further strengthening the execution supervision of the persons who are being released on bail pending trial.
Data picture: The picture shows the police conducting an inspection. Photo provided by Chongqing Public Security Bureau
Who can be released on bail?
Relevant persons in charge of the Supreme People's Court Research Office, the Supreme People's Procuratorate Policy Research Office, the Legal Affairs Bureau of the Ministry of Public Security, and the Legal Office of the Ministry of State Security introduced in their answers to the above-mentioned "Regulations" that the "Regulations" further clarifies the subjects that should be released on bail. The "Regulations" emphasizes that for criminal suspects who are sufficient to prevent social dangers, bail should be applied in accordance with the law.
In response to economic and social development, the increase in population mobility, and the crimes of foreign population, the "Regulations" clearly state that if the person who is released on bail has left his registered residence for more than one year and has no place of regular residence, but has a fixed residence in his temporary residence, he can be released on bail at his temporary residence.
In response to the problems of "serious diseases" and "unable to take care of oneself" in Article 67 of the Criminal Procedure Law, the "Regulations" clearly refer to the "Scope of Serious Diseases on Medical Parliament" and "Standards for Identification of Criminal Inability to Take Care of Oneself" issued by the Supreme People's Court and other departments, so as to facilitate practical mastery.
bail pending trial is not allowed to go to these places and meet these people!
In order to further clarify the scope of activities of the bailed person, the "Regulations" have refined the scope of "specific places", "specific personnel" and "specific activities" in Article 71 of the Criminal Procedure Law to facilitate actual operation. The "Regulations" clearly state that
- When deciding to be released on bail, the person who is released on bail may not enter the following "specific places" according to the case situation:
(I) a place that may cause him to commit a crime again;
(II) a place that may cause him to commit an act of hindering social order and interfering with the normal activities of others;
(III) a place that is related to the criminal activities involved;
(IV) a place that may cause him to commit a destruction of evidence, interfere with witness testimony, etc.;
(V) a place that may cause him to commit a specific place that may cause him to commit a lawsuit such as destruction of evidence, interfere with witness testimony;
(V) a specific place that may cause him to commit a specific place that may cause him to commit a pending trial.
—When deciding to be released on bail, the person who is released on bail may not meet or communicate with the following "specific personnel" according to the case situation:
(I) Witnesses, appraisers, victims and their legal representatives and close relatives;
(III) Personnel who may be infringed or disturbed by the person who is released on bail;
(IV) Personnel who may hinder the execution of bail and affect litigation activities.
"Communication" includes direct or indirect communication through various means such as communication through various means such as communication of information through network platforms or network application services.
—When deciding to be released on bail, the person who is released on bail may not engage in the following "specific activities" according to the case situation:
(I) Activities that may cause him to commit a crime again;
(II) Activities that may have adverse effects on national security, public security, and social order;
(III) Activities associated with the suspected crime;
(IV) Activities that may interfere with litigation;
(V) Activities that may interfere with the execution of bail.
What are the requirements for margin?
If the suspect or defendant decides to release bail pending trial in accordance with the "Regulations", he/she shall be ordered to submit a guarantor or pay a deposit. If the same criminal suspect or defendant decides to be released on bail, the guarantor guarantee and the deposit guarantee shall not be used at the same time. If minors are released on bail pending trial, the guarantor's guarantee shall be applied first.
The Regulations also clearly state that if the bail is released on bail in the form of a deposit, the starting amount of the deposit is RMB 1,000; if the person released on bail is a minor, the starting amount of the deposit is RMB 500.
decision-making authority should comprehensively consider the need to ensure the normal progress of litigation activities, the social dangers of the person being released on bail, the nature and circumstances of the case, the severity of the possible sentence, the economic status of the person being released on bail, etc., and determine the amount of the deposit.
The "Regulations" clearly state that the public security organs shall set up a special account for bail pending trial deposit in the bank they designated, entrust the bank to collect and keep the deposit on their behalf, and notify the people's procuratorate and people's courts at the same level of relevant information.
The "Regulations" state that the collection, management and confiscation of deposits shall be strictly implemented in accordance with these regulations and the national financial management system. No unit or individual may collect, confiscate, refund the deposit without authorization, intercept, pay, privately divide, misappropriately or embezzle the deposit in any other way. Those who violate the regulations shall be subject to administrative sanctions in accordance with relevant laws and regulations; if a crime is constituted, criminal liability shall be pursued in accordance with the law. (End)
Source: China News Network
