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Is it necessary to open a court session when you receive a summons notice during bail pending trial?
The summons notice is usually issued by the public security bureau or the procuratorate for the purpose of inquiring about the case. No court session. There is a notice of hearing, which was issued by the court.
Bail pending trial is a compulsory measure stipulated in China's criminal procedure law. It refers to a compulsory measure that the public security organs, people's procuratorates, people's courts and other judicial organs order criminal suspects and defendants who are not arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a letter of guarantee to ensure that they can be used at any time to prevent them from evading investigation, prosecution and trial, and not to detain them or temporarily release them.
Subject applying for bail pending trial, regarding the subject applying for bail pending trial, the relevant regulations point out that criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement. This is an authorized provision and an exclusive provision, which gives the detained criminal suspects, defendants and their legal representatives, close relatives and defenders the subject qualification to apply for bail pending trial. "Legal representative" refers to a person who engages in certain acts on behalf of the principal according to law.
Article 67 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
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