This article is about the conditions and enforcement of bail pending trial

Article 65: The People’s Court, the People’s Procuratorate and the public security organs shall treat criminal suspects who have any of the following circumstances: The defendant can be released on bail pending trial:

(1) The defendant may be sentenced to surveillance, criminal detention or additional punishment independently;

(2) The defendant may be sentenced to a penalty of fixed-term imprisonment or more. There is a social risk;

(3) A woman who is seriously ill, cannot take care of herself, is pregnant or is breastfeeding her own baby will not pose a social risk by being released on bail pending trial;

(4) The custody period has expired and the case has not yet been settled, and it is necessary to be released on bail pending trial.

Bail pending trial shall be implemented by the public security organs.

Extended information:

Procedures for release on bail pending trial

1. Application for release on bail pending trial.

Detained criminal suspects, defendants, their legal representatives, and close relatives have the right to apply for release on bail pending trial. If a criminal suspect is arrested, the lawyer hired by him may apply for his release on bail pending trial. Applications for release on bail pending trial must be made in writing.

2. Decision to release on bail pending trial.

After receiving an application for release on bail pending trial, the public security organs, people's procuratorates, and people's courts should respond within 7 days whether they agree or disagree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it must be reported to the person in charge of the public security organ at or above the county level, the chief procurator of the procuratorate, or the president of the people's court for approval, and a "Decision on Release on Bail pending trial" and a "Notice on Execution of Release on Bail pending trial" should be issued, and Order the criminal suspect or defendant to provide a guarantor or pay a deposit.

For those who do not meet the legal conditions for release on bail pending trial, we will not agree to release on bail pending trial. If the applicant does not agree to be released on bail pending trial, the applicant shall be notified and the reasons for the disagreement shall be explained.

In addition, the judicial authorities may decide on their own to release the person on bail pending trial based on the needs of the case.

3. Implementation of bail pending trial.

The enforcement agency for bail pending trial is the public security agency. When executing the decision, the public security organs shall read the "Decision on Release on Guarantee" to the criminal suspect or defendant, ask them to sign or seal it, and inform them of the regulations that they must abide by during the period of release on bail.

If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law while on bail pending trial, after the expiration of the bail pending trial period, the public security agency responsible for enforcement shall return the security deposit to the criminal suspect or defendant. , and notify the guarantor to terminate the guarantee.