Provisions of criminal procedure law 2022 on bail pending trial

Ministry of Public Security, the Supreme People's Procuratorate, the Supreme People's Court

Provisions on several issues concerning bail pending trial

Chapter I General Provisions

Article 1 In order to standardize the application of bail pending trial, implement the criminal justice policy of arresting less and prosecuting cautiously, ensure the smooth progress of criminal proceedings and protect the legitimate rights and interests of citizens, these Provisions are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC) and relevant regulations.

Article 2 The public security organ, the state security organ, the people's procuratorate and the people's court shall decide on the release of a criminal suspect or defendant on bail pending trial according to the specific circumstances of the case.

If a public security organ, a people's procuratorate or a people's court decides to obtain a bail pending trial, it shall be executed by the public security organ. If the state security organ decides to get a bail pending trial, if the people's procuratorate or the people's court decides to get a bail pending trial for the criminal case transferred by the state security organ, it shall be executed by the state security organ.

Article 3 A criminal suspect who has been released on bail pending trial shall be released on bail pending trial according to law if he can prevent social danger.

If it is decided to obtain bail pending trial, the investigation, prosecution and trial of the case shall not be interrupted. It is strictly forbidden to indulge crimes in disguised form through bail pending trial.

Article 4 If a criminal suspect or defendant decides to obtain bail pending trial, he shall be ordered to put forward a guarantor or pay a deposit.

If the same criminal suspect or defendant decides to obtain bail pending trial, the guarantor guarantee and the deposit guarantee shall not be used at the same time. If a minor is released on bail pending trial, the guarantor's guarantee has priority.

Article 5 Where a guarantor is released on bail pending trial, the minimum deposit amount of the deposit is RMB 1,000; If the person released on bail pending trial is a minor, the starting amount of the deposit shall be RMB 500 yuan.

The decision-making organ shall comprehensively consider the need to ensure the normal conduct of litigation activities, the social danger of the person released on bail pending trial, the nature and circumstances of the case, the severity of the possible punishment, the economic situation of the person released on bail pending trial and other factors to determine the amount of the deposit.

Article 6 A criminal suspect or defendant who meets the conditions for obtaining a guarantor pending trial but cannot provide a guarantor or pay a deposit may be placed under residential surveillance.

If the resident under surveillance mentioned in the preceding paragraph puts forward a guarantor or pays a deposit, it may be changed to bail pending trial.

Chapter II Decisions

Article 7 When deciding to obtain bail pending trial, the person who has been granted bail pending trial may be ordered not to enter the following "specific places" according to the circumstances of the case:

(a) places that may make him commit crimes again;

(two) may lead to the implementation of disturbing social order, interfere with the normal activities of others;

(3) Places related to suspected criminal activities;

(four) places that may lead to the destruction of evidence, interference with witness testimony and other obstacles to litigation activities;

(5) Other specific places that may hinder the execution of bail pending trial.

Article 8 When deciding to obtain a bail pending trial, the person who has been granted a bail pending trial may be ordered not to meet or communicate with the following "specific persons" according to the circumstances of the case:

(1) Witnesses, expert witnesses, victims and their legal representatives and near relatives;

(2) Criminals, criminal suspects, defendants and other persons related to the case;

(three) people who may be injured or harassed by the person who has been released on bail pending trial;

(four) persons who may hinder the execution of bail pending trial and affect the litigation activities.

The communication mentioned in the preceding paragraph includes direct or indirect communication through letters, short messages, e-mails, telephone calls and information exchange through network platforms or network application services.

Article 9 When deciding to get a bail pending trial, the person who is released on bail may be ordered not to engage in the following "specific activities" according to the circumstances of the case:

(1) Activities that may make him commit a crime again;

(2) Activities that may adversely affect national security, public safety and social order;

(3) Activities related to suspected crimes;

(4) Activities that may hinder litigation;

(5) Other specific activities that may hinder the execution of bail pending trial.

Article 10 The public security organ shall set up a special account for the deposit on bail pending trial in its designated bank, entrust the bank to collect and keep the deposit on its behalf, and inform the people's procuratorate and the people's court at the same level of relevant information.

The deposit shall be paid in RMB.

Article 11 If the public security organ decides to use the security deposit, it shall promptly serve the Notice of Receiving Security Deposit to the person who has been released on bail pending trial, and order him to pay the security deposit in a lump sum at the designated bank within three days.

Article 12 If the people's court or people's procuratorate decides to use the deposit, it shall order the person who has been released on bail and is awaiting trial to deposit the deposit into the special bank account designated by the public security organ within three days.

Article 13 A person who has been released on bail pending trial or a person who provides a deposit for him shall deposit the deposit into a special deposit account for release on bail pending trial, and the bank shall issue relevant vouchers.

Chapter III Implementation

Article 14 If a public security organ decides to obtain a guarantor pending trial, it shall submit a written decision on obtaining a guarantor pending trial, a notice on execution of obtaining a guarantor pending trial and other relevant execution materials after verifying that the guarantor has paid the deposit.

Article 15 If the public security organ decides to obtain a bail pending trial, it shall promptly notify the public security police station where the person who has obtained a bail pending trial lives. If the person who is released on bail lives in a different place, it shall promptly notify the public security organ of the place of residence and be executed by the police station designated by the person who is released on bail. When necessary, the case-handling department can assist in the implementation.

If the residence of the person released on bail is changed, the police station released on bail shall promptly notify the public security organ that decided to release on bail, and the police station shall re-determine the changed residence of the person released on bail. If the change of residence is in a different place, the public security organ that decides to obtain a guarantor pending trial shall notify the local public security organ and execute it by the police station designated by the guarantor pending trial. The original executing organ shall hand over the work with the changed executing organ.

Article 16 Domicile includes domicile and habitual residence. The habitual residence refers to the place where the person who has been released on bail pending trial has lived continuously for more than one year after leaving his domicile.

Bail pending trial should generally be executed at the place where the household registration is located, but it can be executed at the habitual residence if it has formed a habitual residence.

A person who has been released on bail pending trial may also be released on bail pending trial at his temporary residence under any of the following circumstances:

(a) the person who has been released on bail pending trial has left the domicile for more than one year and has no habitual residence, but has a fixed residence in the temporary residence;

(2) The person released on bail pending trial is a foreigner, a stateless person or a resident of Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan Province Province;

(3) The domicile of the person who has been released on bail pending trial cannot be ascertained, and he has no habitual residence.

Seventeenth in the local execution of bail pending trial, the public security organ that decides to bail pending trial shall deliver the legal documents and relevant materials to the police station responsible for execution.

If the person who is released on bail is released on bail in different places, the public security organ that decides to release on bail shall serve the legal documents and related materials containing the information such as the reporting period and contact information of the person who is released on bail on the executing organ. Delivery methods include direct delivery, entrusted delivery and mail delivery. The executing organ shall issue a receipt in time. The person released on bail pending trial shall report to the executing organ within five days after receiving the decision on bail pending trial. The executing organ shall give feedback to the decision-making organ within three days after the guarantor reports for trial.

If the person released on bail fails to report to the police station responsible for execution within the prescribed time limit without justifiable reasons, the executing organ shall notify the decision-making organ, which shall summon the person released on bail according to law. If the person who is released on bail pending trial does not appear in the case, it shall be handled in accordance with the law and the relevant provisions of Chapter V of these Provisions.

Article 18 When executing bail pending trial, the executing organ shall inform the bailed person that he must abide by the provisions of Article 71 of the Criminal Procedure Law and the legal consequences of violating the provisions or committing a crime again during the bail pending trial.

If the guarantor guarantees, it shall inform the guarantor of the guarantee obligations that he must perform and the legal consequences of failing to perform the obligations, and issue a letter of guarantee.

The executing organ shall, according to law, supervise and inspect the compliance of the persons released on bail pending trial, keep abreast of the changes in their addresses, work units and contact information, and prevent and stop their violations.

Persons released on bail pending trial shall abide by the relevant provisions of bail pending trial, accept the supervision and management of the executing organ, and cooperate with the executing organ to know the relevant situation regularly.

Nineteenth people who have been released on bail pending trial shall not leave the city or county where they live without approval.

If the person released on bail needs to leave the city or county where he lives, he shall submit a written application to the police station in charge of execution, and indicate the cause, destination, route, mode of transportation, round-trip date and contact information. If the person who is released on bail pending trial cannot submit a written application for urgent reasons, he may first apply by telephone or SMS. , and fill in the written application procedures in time.

Upon examination, if there are legitimate and reasonable reasons such as work, study and medical treatment, it shall be approved by the person in charge of the police station.

After the person in charge of the public security police station approves the implementation, it shall notify the decision-making organ and inform the guarantor to abide by the following provisions:

(a) keep the contact information unblocked and appear in court in time when arraignment;

(2) Travel in strict accordance with the approved location, route and round-trip date;

(three) shall not engage in activities that hinder litigation;

(four) report to the executive organ in a timely manner after returning to the place of residence.

Because of the normal work and life need to cross cities and counties regularly, the examination and approval procedures can be simplified according to the situation.

Article 20 Where a people's court or people's procuratorate decides to obtain a bail pending trial, it shall send the written decision on obtaining a bail pending trial, the notice of execution of obtaining a bail pending trial and other relevant materials to the local public security organ at the same level, which shall deliver them for execution in accordance with the provisions of Articles 15, 16 and 17 of these Provisions.

People's courts and people's procuratorates may send legal documents and related materials to public security organs by electronic means.

The public security organ at the county level in charge of execution shall, within 24 hours after receiving the legal documents and relevant materials, designate the public security police station where the person who has been released on bail pending trial lives to execute, and notify the public security police station who has been released on bail pending trial to go to the people's court or people's procuratorate that made the decision on release on bail pending trial.

If the person released on bail changes his domicile, the public security organ responsible for execution shall notify the public security organ that changed his domicile to execute it, and notify the people's court and the people's procuratorate that made the decision on release on bail.

If the people's court or the people's procuratorate decides to get a guarantor pending trial, the executing organ shall obtain the consent of the decision-making organ before approving the guarantor to leave the city or county where he lives.

Article 21 The public security organ or the people's procuratorate that decides to obtain a bail pending trial shall summon the person who has obtained a bail pending trial, and shall make legal documents and serve them on the person who has obtained a bail pending trial. If the bail pending trial who is arraigned is not present, he can also give it to an adult relative who lives with him to collect it on his behalf, and contact the bail pending trial for confirmation. If the person who cannot be delivered or is released on bail for trial does not accept the arraignment in accordance with the provisions, it shall be indicated in the legal documents and notified to the executing organ.

In case of emergency, the public security organ or the people's procuratorate that has decided to obtain a bail pending trial may summon the person who has been granted a bail pending trial by telephone, but it shall be indicated in the legal document and notified to the executing organ.

If the case is arraigned in a different place, the public security organ or the people's procuratorate that decides to get a bail pending trial may entrust the executing organ to serve it on its behalf, and the executing organ shall promptly give feedback to the deciding organ after serving it. If it cannot be delivered, it shall be indicated on the legal document and notified to the decision-making organ.

The people's court shall summon the defendant who has been released on bail pending trial in accordance with other relevant regulations.

Article 22 A guarantor shall supervise the compliance of the person who has been released on bail and is awaiting trial with the regulations on the administration of bail and trial. If he finds that the guarantor has violated or may violate the provisions of Article 71 of the Criminal Procedure Law, he shall report to the executing organ in time.

If the guarantor is unwilling to continue the guarantee or loses the guarantee conditions, the guarantor or the person who has been released on bail shall report to the executing organ in time. The executing organ shall notify the decision-making organ within three days from the date of discovering or learning the situation. The decision-making organ shall order the person released on bail to re-submit the guarantor or pay the deposit, or change the compulsory measures, and notify the executing organ.

Article 23 If the executing organ finds that the person released on bail has violated the regulations that should be observed and the guarantor has not fulfilled the guarantee obligation, it shall stop it in time and take corresponding measures, and inform the decision-making organ at the same time.

Chapter IV Alteration and Dissolution

Article 24 Upon the expiration of the time limit for obtaining bail pending trial, the decision-making organ shall make a decision on lifting bail pending trial or changing compulsory measures, and submit it to the executing organ. If the decision-making organ fails to lift the bail pending trial or take other criminal compulsory measures against the bail pending trial, the bail pending trial personnel and their legal representatives, close relatives or defenders have the right to request the decision-making organ to lift the bail pending trial.

If it is found that the criminal responsibility of the person released on bail should not be investigated and a decision is made to dismiss the case or terminate the investigation, the decision-making organ shall make a decision to release the person released on bail in time and submit it to the executing organ.

Under any of the following circumstances, the bail pending trial will be automatically released and the cancellation procedures will not be handled. The decision-making organ shall promptly notify the executing organ:

(1) The guarantor pending trial is changed to residential surveillance, detention and arrest according to law, and the compulsory measures after the change have been implemented;

(2) The people's procuratorate has made a decision not to prosecute;

(3) The judgment or ruling made by the people's court of innocence, exemption from criminal punishment and no criminal responsibility has taken legal effect;

(4) Being sentenced to public surveillance or probation and having implemented community correction;

(five) a single additional punishment, the judgment or ruling has taken legal effect;

(6) being sentenced to fixed-term imprisonment, and the execution of the penalty has started.

After receiving the above-mentioned decision or notice from the decision-making organ, the executing organ shall immediately implement it and notify the decision-making organ of the implementation in a timely manner.

Article 25 If a person released on bail pending trial does not violate the provisions of Article 71 of the Criminal Procedure Law or intentionally commit a new crime during the period of release on bail pending trial, the public security organ shall notify the bank to refund the deposit in full while releasing on bail pending trial, changing compulsory measures or executing punishment.

The person who has been released on bail pending trial or his legal representative may go to the bank to receive the refunded deposit with the relevant legal documents. If the person released on bail is unable to collect the returned deposit by himself, the public security organ shall notify the bank in writing to transfer the returned deposit into the bank account provided by the person released on bail or the person entrusted by him upon his written application.

Article 26 If a case has been released on bail pending trial at the stage of investigation or prosecution, and the case needs to be released on bail pending trial at the stage of transfer for prosecution or trial, the accepting organ shall make a decision within seven days and notify the transferring organ and the executing organ.

After the organ accepting the case makes a decision on bail pending trial and executes it, the original bail pending trial measures will be automatically lifted, and the lifting procedures will no longer be handled. For those who continue to take security deposit, the amount of security deposit will remain unchanged in principle, and no security deposit will be collected. After the enforcement of compulsory measures to change the organ accepting the case begins to be implemented, it shall promptly notify the organ transferring the case and the executing organ, and the original decision on bail pending trial will be automatically lifted, and the cancellation procedures will no longer be handled, and the executing organ shall refund the deposit according to law.

If the time limit for obtaining bail pending trial is about to expire, and the case acceptance organ has not yet made a decision to continue obtaining bail pending trial or change compulsory measures, the transfer organ shall notify the case acceptance organ in writing fifteen days before the expiration of the time limit. The organ accepting the case shall make a decision before the expiration of the period of bail pending trial, and notify the organ transferring the case and the executing organ.

Chapter V Responsibility

Article 27 If a person released on bail pending trial violates the provisions of Article 71 of the Criminal Procedure Law and should confiscate the deposit according to law, the public security organ shall make a decision to confiscate part or all of the deposit and notify the decision-making organ. The people's procuratorate and the people's court shall inform the public security organ that if the person released on bail violates the provisions of Article 71 of the Criminal Procedure Law, the public security organ shall deal with it according to law.

If the deposit is confiscated from the person released on bail pending trial, the decision-making organ shall, according to the circumstances, order the person released on bail to make a statement of repentance, pay the deposit again, put forward a guarantor or change compulsory measures, and notify the executing organ.

If the deposit is paid again, the provisions of Articles 11, 12 and 13 of these Provisions shall apply.

Twenty-eighth persons who have been released on bail constitute the fourth act of Article 60 of the People's Republic of China (PRC) Public Security Administration Punishment Law, and shall be given administrative penalties for public security according to law.

Article 29 If a person who has been released on bail pending trial has not violated the provisions of Article 71 of the Criminal Procedure Law, but is suspected of intentionally committing a new crime during the period of being released on bail pending trial, the public security organ shall temporarily withhold the deposit and decide whether to confiscate the deposit after the judgment of the people's court takes effect. If a new crime is intentionally committed, the deposit shall be confiscated; If a new crime is committed by negligence or does not constitute a crime, the deposit shall be returned.

Article 30 If the public security organ decides to confiscate the deposit, it shall make a written decision on the confiscation of the deposit, and read it to the person on bail pending trial within three days, informing him that if he is not satisfied with the decision on the confiscation of the deposit, he may apply for reconsideration to the public security organ that made the confiscation decision within five days.

If the person released on bail or his legal representative refuses to accept the reconsideration decision, he may apply to the public security organ at the next higher level for reconsideration within five days from the date of receiving the reconsideration decision.

Article 31 If the guarantor fails to perform his supervisory obligations, or the person released on bail pending trial violates the provisions of Article 71 of the Criminal Procedure Law, and the guarantor fails to report it in time or conceals it, the public security organ shall impose a fine on the guarantor after verification, and notify the decision-making organ of the relevant information in time.

If the guarantor helps the person who has been released on bail to commit acts such as obstruction of litigation, which constitutes a crime, he shall be investigated for criminal responsibility according to law.

Article 32 If the public security organ decides to impose a fine on the guarantor, it shall make a fine decision on the guarantor, announce it to the guarantor within three days, and inform him that if he is not satisfied with the fine decision, he may apply for reconsideration to the public security organ that made the fine decision within five days.

If the guarantor refuses to accept the reconsideration decision, he may apply to the public security organ at the next higher level for reconsideration within five days from the date of receiving the reconsideration decision.

Article 33 If the decision to confiscate the deposit or impose a fine on the guarantor exceeds the time limit for reconsideration, or the original decision is upheld or the amount of the fine is changed after reconsideration and review, the public security organ that made the decision to confiscate the deposit or impose a fine on the guarantor shall promptly notify the designated bank to turn over the confiscated deposit and the fine on the guarantor to the state treasury in accordance with relevant state regulations, and notify the organ that made the decision within three days.

If the deposit is the personal property of the person who has been released on bail pending trial and needs to be used to compensate the victim, perform the incidental civil compensation obligation or execute the property penalty, the people's court may notify the public security organ in writing to hand over all the deposit, which will be handled by the people's court and the rest will be returned to the defendant.

Article 34 If the people's procuratorate or the people's court decides to get a bail pending trial, and the person who has been released on bail violates the provisions on bail pending trial and needs to be arrested, he may first detain the person who has been released on bail pending trial and request the people's procuratorate or the people's court to make an arrest decision according to law. If the people's court or people's procuratorate decides to arrest, it shall be executed by the local public security organ at the same level.

Thirty-fifth deposit collection, management and confiscation should be strictly in accordance with these provisions and the national financial management system. No unit or individual may collect, confiscate or return the deposit without authorization, and may not intercept, privately divide, misappropriate or occupy the deposit in other ways. In violation of the provisions, administrative sanctions shall be given in accordance with relevant laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 36 Please refer to the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of Justice and National Health and Family Planning Commission for instructions on "serious illness" and "inability to take care of oneself" as stipulated in Item 3 of Paragraph 1 of Article 67 of the Criminal Procedure Law.