Analysis procedures for the bail provisions

Bail, is the public security organs, the People's Procuratorate and the People's Court is not in custody of Criminal suspects, defendants, in order to prevent their escape detection, prosecution and trial shall be ordered to pay a deposit or a guarantor, and issue a guarantee to ensure that no to avoid or prevent investigation, prosecution and trial, and goes to a mandatory measure.

Bail procedure as follows:
First, the bail application. Custody of Criminal suspects, defendants and their legal representatives, close relatives, Lawyers employed by the suspect, the right to apply for bail. Applying for bail can only be made in writing. Public security, After receipt of the written application for the judiciary should be made within 7 days or less agree with the reply. consent, should be released on bail according to Law procedures do not agree, it shall inform the applicant and explain the reasons do not agree. According to <<Criminal procedure Law "> the provisions of section 53, the People's Court, People's Procuratorate and the public security organs decide to Criminal suspects, defendants released on bail, shall order the Criminal suspect or defendant to pay the deposit or a guarantor, the guarantor of the bail is to ensure that the way and deposit guarantees in two ways.

It should be noted: the same suspect, the defendant decided to bail, can not guarantee and deposit guarantee using the guarantor.

Second, the guarantor of the conditions. (One not involved with the case. It is the guarantor can not be a pArty to the case or other cases involving the guarantor in order to prevent collusion, concealment and falsification of evidence, or carry out other activities impeding the smooth conduct of criminal behavior. (b have the ability to perform warranty obligations. This is the guarantor should have full civil capacity and legal capacity, and the suspect, the defendant has some influence, can produce a certain psychological force them to make it not implemented impede the smooth conduct of criminal behavior. (c political rights, personal freedom is not restricted. guarantor must be legally entitled to all rights set forth in the Constitution and Laws of the Chinese citizens are sentenced according to Law or to take a civil, criminal, administrative enforcement measures, or personal freedom is restricted or denied, can not act as guarantor. (d have a fixed residence and income. This is to facilitate the judicial guarantees at any time to find out the guarantor of the situation, but also the guarantor fails to fulfill in order to ensure obligations, the judiciary over its fine, pursue their economic responsibility.

During the bail, if the guarantor or unwilling to lose the guarantee conditions of security, shall order the criminal suspects and defendants to re-pay the deposit or a guarantor.

Guarantor's obligations are: (a person under his guarantee compliance with the law provisions were released on bail during the period, (b found his guarantee may occur or has already violated the law, it shall promptly report to the Executive authority.

Guarantor for acts in violation of the law, the guarantor fails to report promptly, shall be fined, constitutes a crime shall be investigated for criminal responsibility. For the guarantor to ensure that obligations are fulfilled by the public security authority has determined, on the guarantor's a fine decision, but also by the the public security organ.

Third, the security deposit. According to <"On some issues the bail provisions>> the provisions of Article 5, for the use of bail bond, the bond amount of the stArting point to 1,000 yuan. Bail bond by the public security organs, collect and storage. Transfected affixed to the Research Papers Download http://www.hi138.com four bail decision. the public security organ, the People's Procuratorate, People's Court requires the suspect, the defendant bail, it shall make <<PETITION report released on bail Books>>, public security organs at the county level or above who's Procuratorate or the People's Court, and issue <<bail decision>>. bail enforcement authority for public security organs, the Procuratorate, or when the court decided to release on bail , the issue <<bail decision>> the same time, the issue of <"Performing bail notice>>, be served on the public security organ.

Fifth, bail enforcement authority. Public security authorities decided to bail, it shall notify the local police station the suspect perform live, the People's Procuratorate, People's Court decided to bail, and above the county level responsible for public security organs shall, when receiving the legal instruments and materials, the timely designation of the suspect, accused the police station where the implementation of national security authorities decided to bail and the People's Procuratorate, the people's court for state security organs in the transfer of criminal cases decided to release on bail by the National Security authorities. (I found the implementation of the public security organs to be released on bail in violation of <<Criminal>> circumstances prescribed in Article 56, if the margin is a form of guarantee shall be forfeited deposit, and notify the decision to authorities. decision authority should be based on circumstances of the case, you can ask criminal suspects and defendants a statement of repentance, and ordered its re-pay the deposit or a guarantor. For serious cases, should not be released on bail, should be arrested. (b criminal suspects and defendants in bail period does not violate <<Criminal>> Article 56, released on bail after the expiration of the public security organs shall be responsible for the implementation of the deposits of criminal suspects, defendants, and inform the guarantor of security obligations discharged.

VI bail period. Bail shall not exceed 12 months, in the case of bail shall not be suspended during the investigation, prosecution and trial. (I do not if that bail should be held criminally responsible or expiration of the period, it shall timely lifting bail. (b for the public security organ, the People's Procuratorate, the people's court beyond the statutory period of bail, criminal suspects, defendants and their legal representatives, close relatives or criminal suspects, defendants and other defense counsel appointed lawyer the right to make a bail decision public security organ, the People's Procuratorate, the people's court for the lifting of bail, the authorities have been confirmed to be true, shall cancel the bail. (the expiration of the three released on bail, or found to have <<criminal procedure Law "> Article 15 case should not be held criminally responsible, or the case has been concluded within the original decision to revoke the bail authority shall make a decision and notify the public security organ responsible for the implementation. reposted elsewhere in the Research Papers Download http: / / www.hi138.com