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Does the court have to put the suspect in custody before the trial?
According to the regulations of our country, before the court officially opens, there is no explicit requirement that relevant criminal suspects must be detained. Criminal suspects do not necessarily have to be detained. If they meet the conditions, they can apply for release on bail pending trial. Article 67 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on bail pending trial under any of the following circumstances: (1) They may be sentenced to public surveillance, criminal detention or independently subject to additional penalties (2) A person who may be sentenced to a penalty of fixed-term imprisonment or above, and being released on bail pending trial will not pose a social risk; (3) A woman who is seriously ill, unable to take care of herself, is pregnant or is breastfeeding her own baby, and being released on bail pending trial will not create a social risk. (4) The detention period has expired and the case has not yet been settled, and it is necessary to be released on bail pending trial. Release on bail pending trial shall be carried out by the public security organs. Criminal suspects who are released on bail pending trial must report their situation to the enforcement agency on time as required. When receiving notice of a court hearing, they can appear in court promptly according to the notice time. Legal basis: Article 67 of the "Criminal Procedure Law of the People's Republic of China" The people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on bail pending trial under any of the following circumstances: (1) Possible Those who are sentenced to public surveillance, criminal detention, or independent additional penalties; (2) Those who may be sentenced to fixed-term imprisonment or more, and will not pose a social risk if released on bail pending trial; (3) Women who are seriously ill, unable to take care of themselves, pregnant, or breastfeeding their own babies , the use of bail pending trial will not cause social danger; (4) The detention period has expired and the case has not been settled, and it is necessary to be released on bail pending trial.
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