What's the next process after bail pending trial?

After being released on bail pending trial, he will abide by the provisions on bail pending trial and continue his life. He will be released when the bail period is over. If the case still needs to cooperate with the investigation, the parties will be informed; It is necessary to arrest and detain criminal cases before judgment.

Criminal Procedure Law of the People's Republic of China

Article 71 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:

(a) without the approval of the executive organ, shall not leave the city or county where they live;

(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;

(3) Being present in time when being arraigned;

(four) shall not interfere with the testimony of witnesses in any form;

(five) shall not destroy or forge evidence or collusion.

The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:

(a) shall not enter a specific place;

(2) Not meeting or communicating with specific personnel;

(three) shall not engage in specific activities;

(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.

If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and pays the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or be placed under residential surveillance or arrested.

If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.

Article 79 The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months, and shall not keep him under residential surveillance for more than six months.

Extended data

Cases on bail pending trial:

165438+1On the morning of October 24th, it snowed in Sanmenxia City, and Gao Yanlong came to the petition hall of Sanmenxia Intermediate People's Court again to reflect his case.

Twenty-three years ago, Gao Yanlong heard that a policeman in Chengdu was looking for him and contacted the police to inquire about the situation, but he was arrested and charged with robbery and murder. /kloc-sentenced to a suspended death sentence 0/9 years ago, refused to accept and appealed;

17 years ago, the Henan Provincial High Court sent the case back to Sanmenxia Intermediate People's Court for retrial, and the Intermediate People's Court returned the case to the procuratorate, which returned it to the former Lingbao County Public Security Bureau for supplementary investigation. The latter handled Gao Yanlong's bail pending trial, and the case has not been closed yet.

According to the Criminal Procedure Law revised by 1996, the time limit for returning supplementary investigation is 1 month, and the longest time for obtaining bail pending trial is 12 months. But up to now, the time for supplementary investigation and bail pending trial in this case has exceeded 17 years, and there is still no new progress. Gao Yanlong is still wearing a "criminal suspect" hat.

Gao Yanlong's case happened in 1992 65438+ 10/month 1 1, and Wang Guilan, who lives in the family home of Chengguan Town, Lingbao County, Sanmenxia City, was killed.

Gao Yanlong lives in Shuangta Village, Shifudian Town, yanshi city, and has been farming for generations. He got in touch with Wang Guilan's family because he sold woven bags.

1986 After graduating from junior high school, Gao Yanlong first worked as a farmer with his parents for more than two years, and then began to build houses for others in neighboring villages with villagers in the same village. 1989 went to Lingbao Gai Lou. 1990 At the beginning, 20-year-old Gao Yanlong was introduced by Lingbao locals to sell woven bags.

At first, Gao Yanlong received woven bags from trucks in other places. Together with fellow villager Ding Jingang, each person carried more than 400 woven bags weighing nearly 100 kg, and took more than 4 hours by train from Yanshi Railway Station to Yuling Town Railway Station in Lingbao County, and then resold them to local people. You can earn more than 200 yuan in one trip. In half a year, they ran four times and earned more than 1000 yuan.

Business slowly improved, and Gao Yanlong began to sell woven bags of whole vehicles, but the profits became thinner and thinner. Gao Yanlong and villagers purchased goods from Chengdu, Sichuan.

199 1 At the end of the year, Xie Genchang, a fellow villager, took Gao Yanlong to Lingbao and introduced him to a boss named Dong, that is, her husband. Boss Dong brought Gao Yanlong and Jie Genchang to his home. The two sides had dinner and agreed that the boss Dong would buy Gao Yanlong 7500 woven bags for 4500 yuan.

1 One day at the beginning of the month, 1992, at 6 o'clock in the evening, Dong Qunling, the son of Boss Dong, and a driver drove a van to Gao Yanlong's house to pull goods. Gao Yanlong invited them to his room and told his neighbors to start loading. Dong Qunling and the driver rested in Gao Yanlong's room.

After more than an hour, the goods were loaded, and Dong Qunling asked Gao Yanlong to go to Luoyang with them, and then paid for the goods after arriving in Luoyang. Three people came to Luoyang bearing factory by truck. That night, in the room of a guest house next to the bearing factory, Dong Qunling bought two cold dishes and a bottle of wine and chatted with Gao Yanlong while eating.

In the meantime, Dong Qunling took out a knife about 20 cm long from her pocket, with a radian. Gao Yanlong saw at a glance that it was a friend's thing, borrowed it for fun, and originally put it on the table in his room. He was surprised. Why did Dong Qunling have this knife? "He said,' Your brother ran outside all day and didn't meet a good knife. Let your brother play with this knife first. "

Gao Yanlong recalled that he told the other party that he was a friend. "But he said,' Let me play, I'll give it back to you when you come to Lingbao', and I was embarrassed to refuse, saying,' Let's play first'".

For the source of this knife, Dong Qunling said in an interview with the Beijing Times reporter that it was taken away by the driver who went with him at that time. Dong Qunling did not raise any objection to other details.

That night, Dong Qunling paid Gao Yanlong 4000 yuan first, and the rest of 500 yuan planned to wait until the next day to count the number of woven bags.

But the next morning, I counted it several times and it was wrong. There are more and less. "He said he would give me the balance after he went back to Lingbao to count the quantity," Gao Yanlong said.

A few days later, Gao Yanlong was going to Chengdu to purchase goods, and asked Dong Qunling for an account on the morning of 1 992,65438+10.

Gao Yanlong said that at 8: 30 in the morning, he rushed to the salesroom of Dong Qunling's father in Lingbao County by car and learned that Dong Qunling had gone to work in the bearing factory. Dong Fu immediately rode to the bearing factory and called Dong Qunling. After a while, Dong Fu came back first, and soon Dong Qunling also came back on a motorcycle. Dong Qunling told Gao Yanlong that 400 items were missing, and he took Gao Yanlong to his home by bike.

After entering the door, Dong Qunling took Gao Yanlong upstairs and came to the roof of the bungalow, where thousands of woven bags were piled up. "I saw that the goods were piled up in a mess and I couldn't order them."

After they went downstairs, they entered the house. Gao Yanlong sat down on the sofa by the door. He suggested: "I pulled 7500 yuan for you, and you said it was 7 100 yuan. There are fewer bags now. You've been dragging them back for so many days, I can't tell you clearly. Pay for the goods at 7300 yuan first, and then deal with it when Jiegenchang comes. " Dong Qunling agreed.

Dong Qunling immediately paid Gao Yanlong 260 yuan money. After that, Dong Qunling returned the knife from Gao Yanlong's house to Gao Yanlong and handed him a pack of cigarettes.

Gao Yanlong recalled that Dong Qunling asked him if he had eaten and wanted to cook for him. Gao Yanlong said that he had eaten. It was about 10: 30 in the morning when he left. Dong Qunling also sent him to the door. When interviewed by the Beijing Times reporter, both of them said that both sides were discussing the whole process, and there were no unpleasant plots such as quarrels.

Gao Yanlong said that after he left Dong's home, he walked back to Dong's father's salesroom in the county to pick up his luggage. He wanted to tell Dong Fu the number of woven bags, but Dong Fu was not in the shop, only a woman and a child were watching the stall. After waiting for a while, Gao Yanlong left around 1 1: 00 and took a bus to Lingbao Railway Station.

"I bought an apple in front of Hongnong Hotel 10, a book in front of the station police station, and then bought a train ticket to Xi 'an 12, ready to transfer to Chengdu via Xi 'an."

Gao Yanlong said that after he bought the ticket, he went to the toilet in the east of the station to relieve himself, and then stood at the entrance and waited for the entrance. However, the train was delayed, and the ticket check-in didn't start until 12: 00. After arriving in Xi in the afternoon, he transferred to Baoji, where he bought a ticket to Chengdu. When he arrived in Chengdu, it was around 7 pm on June 65438+ 10/2.

Little did Gao Yanlong know that Dong Qunling's mother was killed within a few hours after he left Dong Jia's home.

Dong Qunling said that he sent Gao Yanlong out to work in the bearing factory. At noon, he received the news that his mother had been killed. "One of my nephews went to my house to get food and saw my mother killed."

Dong Qunling believes that Gao Yanlong killed his mother Wang Guilan. "Should be after he left home, come back to me for the rest of the money. When I was away, he asked my mother for money. My mother has a bad temper. Maybe they quarreled, so he killed someone with a knife. "

He said that after he 1992 65438+ 10/2 arrived in Chengdu in the evening, he had dinner at He Dinggui's house in East Group 3 of jinniu district Railway Station. Several business friends are at He Dinggui's house, and they play mahjong together after dinner. 13, Gao yanlong and he dinggui went to Guanghan to see the goods and returned to Chengdu on the same day. Continue to look for customers and see the goods the next day.

Xie Genchang knew earlier than Gao Yanlong that Henan Interpol would come to Chengdu to investigate Gao Yanlong. As a fellow villager, Xie Genchang is more than ten years older than Gao Yanlong, and he is also doing woven bag business in Chengdu.

In Xie Genchang's impression, on the afternoon of 1992 65438+ 10/4, he heard from the local boss of the market that there was a Henan criminal police looking for Gao Yanlong in the market. "They asked me what happened to Gao Yanlong, and I said I didn't know."

That night, Jie Genchang talked about it again when he was having dinner with Hu Jia, the boss of the local woven bag business. He decided to talk to Gao Yanlong.

At this time, Gao Yanlong is eating in a house rented by another business friend. Xie Genchang called Gao Yanlong out and asked, "What are you doing in Henan? I heard that Henan police are looking for you. "

"Henan police let me do? I didn't do anything. Who do you listen to? "

"If you don't believe me, ask Hu."

When they came to Hu's residence, Hu gave Gao Yanlong a clear message: "Yes, they are looking for you with your photo and a copy of your ID card. If you rape or steal or rob others at home, you should run away. We don't care. "

Gao Yanlong said, "I didn't break the law. Why should I run?"

Gao Yanlong decided to call the police and asked them why they were looking for themselves.

After finding the contact information left by the police, Gao Yanlong, together with his business partners Wang Guangde and Hu, called the police at the doorman of the rental house.

Gao Yanlong can't speak the local dialect, and Wang Guangde is a local, so Wang Guangde called the police. "After the call was connected, they asked me where I was. Let's wait and say that we will arrive in a minute."

Hang up the phone, they went back to Wang Guangde to wait in the rented house. A few minutes later, three or four men in plain clothes came up to me.

Plainclothes asked who Gao Yanlong was after entering the door. "I said I am. After verifying my identity, two policemen took off my belt and shoelaces, handcuffed me and took me away. I asked them what I had done, and they said they needed me to cooperate with the investigation, "Gao Yanlong said.

Gao Yanlong was taken to the local police station by a police car, and the police locked him in a room with an iron gate. "Nobody paid attention to me all night, and I sat inside in handcuffs," Gao Yanlong said. He was puzzled all night, wondering what the police were looking for him.

The next morning, three plainclothes men asked Gao Yanlong for a statement. "They showed their work permit, saying it was from Henan Lingbao Public Security Bureau. They asked me for something. I told them about what I did in Lingbao, so I told them about my business and debt collection in Lingbao. They repeatedly asked me if I had done anything illegal. I said no, let me sign the transcript. "

Gao Yanlong said that he was taken to Chengdu Jiudu Hotel that day, handcuffed to a chair for one night, and brought back to the criminal police team of Lingbao County Public Security Bureau by train the next day.

In the criminal police team of Lingbao County Public Security Bureau, Gao Yanlong continued to be arraigned. He said, "I was also asked what I did illegally in Lingbao, and I saidno." They didn't believe it and said,' Do you know what happened to Dong Qunling's family?' I said I didn't know, but I kept saying I didn't do anything illegal. They were angry, said I was dishonest and tortured me. "

Gao Yanlong showed reporters the scars on his hands and wrists.

"They handcuffed me to a chair, handcuffed me tightly, and my hand was swollen and painful. They also trampled me with their feet, beat me with their hands and feet, beat me with warm poker, stabbed me, tortured me with electric batons over and over again, beat me to incontinence and coma, and poured cold tea on my face and head. It's no use saying nothing when I beg for mercy. At that time, life was worse than death. "

Gao Yanlong said that under unbearable circumstances, he retaliated against Dong Qunling's family according to the clues provided by the police.

"During the trial, they said that Dong Qunling's family was injured and there was nothing wrong with it. They also said that they emphasized evidence rather than confession. I never thought it was a matter of life and death. I simply thought that Dong Qunling's mother would prove that I didn't hurt her. "

Gao Yanlong said that the police questioned him many times. Under the unbearable torture, they told Dong's mother with a knife according to the clues prompted by the police, and where the man was lying and where there was blood. "According to their suggestions, make a good record until the other party stops calling and asking."

"If I kill someone, there must be blood on the knife and clothes. They can recognize them. As long as they don't recognize it, they will definitely prove that I didn't do it. In addition, I took the 10 train 12, and I was not on the scene at the time of the incident. I was really embarrassed at the time. " Gao Yanlong said.

199265438+1On October 29th, Gao Yanlong was put into the detention center. When he was summoned again, Gao Yanlong was told that Wang Guilan had been killed. "I realized that this is a matter of life and death." .

During his stay in the detention center, Gao Yanlong repeatedly wrote letters and visits to Sanmenxia City Procuratorate, the Municipal Intermediate People's Court, the Municipal Political and Legal Committee, the Henan Provincial High Inspection Institute and the Provincial Political and Legal Committee, all without results.

According to the information provided by the lawyer hired by Gao Yanlong last year, in June 1992, Sanmenxia City Procuratorate filed a public prosecution with Sanmenxia Intermediate People's Court on the grounds that Gao Yanlong committed robbery. However, in the following four years, Sanmenxia Intermediate People's Court returned the case to Sanmenxia Procuratorate for supplementary investigation four times.

1996165438+1October 1 1, Sanmenxia Intermediate People's Court heard the case and made a judgment on the 27th of that month.

According to the verdict, the indictment of the prosecution alleged that at about1992 65438+1October1day 12, Gao Yanlong rushed home, slashed Wang's hands and face with a dagger, and slammed Wang's head with a dagger handle, causing him serious injuries. Gao Yanlong denied that he had committed a crime, and the defender believed that the evidence in this case was insufficient and it was difficult to find the defendant guilty.

According to the judgment, the court found through trial that Gao Yanlong had a conflict with Dong Qunling when settling the payment for the purchase and sale of woven bags, and Gao thought that Dong had paid 200 yuan less and was dissatisfied.

At about 1 1 30, Gao Yanlong fled to Dong's home with a hunting knife. When he saw Dong's mother alone at home, he took out a hunting knife, asked where the money was and went into the back room to look for it. When Wang stepped forward to stop him, Gao Yanlong cut his hand and face with a knife. When he saw that the king still refused to let go, he stabbed him in the head with a knife several times. After Wang fell to the ground, Gao Yanlong arrived.

After forensic identification, Wang Guilan died on the same day due to severe brain contusion and laceration.

Sanmenxia Intermediate People's Court held that "Gao Yanlong had no national laws, broke into other people's houses with a knife in broad daylight, robbed other people's property, and caused death. The public prosecutor accused him of committing robbery, and the circumstances of the crime were serious and should be killed. However, in view of the actual situation of the case, he can be given a lighter punishment according to law. "

Sanmenxia Intermediate People's Court convicted Gao Yanlong of robbery, sentenced him to a two-year suspension of execution, deprived him of his political rights for life, and implemented labor reform, to see what would happen in the future.

Gao Yanlong appealed. 1998 65438+1October 2 1 day, the Henan Provincial High Court ruled that the original judgment found that Gao Yanlong's crime of robbery and murder was unclear and sent it back to Sanmenxia Intermediate People's Court for retrial.

/kloc-released on bail in 0/7 years, and the case is still not closed.

However, the case was not reopened.

Gao Yanlong's brother said that in August 1998, 15, the Lingbao County Public Security Bureau contacted him and said, "This case cannot be closed. If I want to apply for bail pending trial, I will sign it. " On the same day, Gao Yanlong walked out of the detention center.

After being released on bail pending trial, Gao Yanlong was not informed of any progress in the case. At the end of that year, he was introduced to someone and got married. His wife knows his experience. "My daughter-in-law said,' You are wronged, it must be very painful, and I don't abandon you. When economic conditions permit, we will go to court for justice' ".

Later, Gao Yanlong worked as a guard in the mine, went down to the coal mine and built a building. Later, he borrowed money to buy a tricycle, pulled chicken manure and bricks for others, and sold vegetables to collect grain. So far, he has no fixed occupation. I don't have any skills except driving.

Gao Yanlong has always felt wronged. In September, 2000, he sent a letter to the the State Council Letters and Calls Office, and after he came back, he sent another letter to the Henan Letters and Calls Office, but there was no news.

On 20 14, Gao yanlong entrusted lawyers Wang leng and Li Hongguang of Zhengzhou deheheng law firm. According to the information provided by lawyers after consulting the files of Sanmenxia Intermediate People's Court and Sanmenxia Procuratorate, Sanmenxia Intermediate People's Court returned the case to Sanmenxia Procuratorate for supplementary investigation after receiving the ruling from the Provincial High Court, and the latter returned the case to Lingbao County Public Security Bureau for supplementary investigation on July 1998.

The files they consulted showed that Gao Yanlong had no time to commit the crime, and the blood of the deceased was not identified on the clothes he wore when committing the crime. They have repeatedly asked the Lingbao police to check the files and reflect the situation, but there has been no result.

On1October 26th this year, 10, Gao Yanlong went to Beijing again to hand over materials to the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security. After returning from Beijing, he went to Henan Provincial Public Security Department, Provincial High Inspection and Provincial High Court, but he never made progress.

165438+1At the beginning of October, Gao Yanlong got a call from the office of lingbao city Public Security Bureau and asked if he had petitioned, saying that the lingbao city Public Security Bureau had accepted the case and had transferred it to the criminal police team of lingbao city Public Security Bureau. Gao Yanlong called the criminal police team many times, but he couldn't get in touch.

He also found Shao Zhongge, deputy director of lingbao city Public Security Bureau in charge of the case. When he made the first call, the other party said that he was away on business. Later, he called again, and the other party replied by text message that he was in a meeting and there was no result.

165438+1On the afternoon of October 20th, Gao Yanlong sent the report materials to Sanmenxia Intermediate People's Court, Municipal Procuratorate and lingbao city Public Security Bureau again.

165438+ 10/9. Liu Xiaoyuan, a lawyer in Beijing, received the feedback from Gao Yanlong and decided to provide him with legal aid. Liu Xiaoyuan said that according to the Criminal Procedure Law of that year (1 revised in March 1996) and the judicial interpretation of the Supreme Law, the time limit for supplementary investigation was1month, but until today, the Sanmenxia City Procuratorate has not submitted a request to the Sanmenxia Intermediate People's Court to resume the trial, nor has it made a decision not to prosecute.

According to Article 168 of the Supreme Law "Interpretation on Several Issues in Implementation (Trial)", "If the people's procuratorate fails to request the people's court to resume the trial during the supplementary investigation, the people's court shall close the case by withdrawing the lawsuit with the people's procuratorate", but Sanmenxia Intermediate People's Court has not closed the case so far.

No matter according to the criminal procedure law of that year or the current criminal procedure law, the longest period of bail pending trial is 1 year, and it should be lifted at the expiration. However, after 17 years, Gao Yanlong is still the suspect of "robbery and murder".

Liu Xiaoyuan believes that this case has been committed for 23 years, and Gao Yanlong has been released on bail 17 years, which cannot be delayed indefinitely. The Public Prosecution Law should give Gao Yanlong an answer. lingbao city Public Security Bureau should cancel the case of Gao Yanlong's robbery and murder without sufficient new evidence to prove his crime.

165438+1On the morning of October 23rd, the reporter of Jinghua Times came to the Propaganda Section of lingbao city Public Security Bureau, hoping to interview many questions, including whether the lingbao city Public Security Bureau continued to supplement the investigation after Sanmenxia Procuratorate 1998 sent the case back, whether there was any progress, whether it had reported the progress to the procuratorate, why it made a decision to get a bail pending trial, whether it would continue the investigation during the bail pending trial, and why.

The latter asked the reporter to contact the Propaganda Department of Lingbao Municipal Committee for registration. After the reporter registered, the person in charge of the Publicity Section of lingbao city Public Security Bureau still said that he was very busy and didn't know which department the case was in. The reporter went to the Legal Brigade of lingbao city Public Security Bureau and was directly pushed out of the door after indicating his purpose, so that the reporter could continue to look for the Propaganda Section of lingbao city Public Security Bureau.

The reporter repeatedly called Shao Zhongge, deputy director of lingbao city Public Security Bureau, but the other party hung up. The interview message he sent was still unanswered at the time of publication.

165438+1On the morning of October 24th, Gao Yanlong came to the petition hall of Sanmenxia Intermediate People's Court again. The receptionist said that after the case was sent back to the Provincial High Court for retrial, the Intermediate People's Court had returned to the procuratorate for supplementary investigation, and the case was not in the Intermediate People's Court. The receptionist also said that according to the law at that time, the procuratorate did not ask the Intermediate People's Court to resume the trial during the supplementary investigation, and the Intermediate People's Court should indeed withdraw the lawsuit with the procuratorate.

The reason why the case was not closed was that the receptionist said, "In my personal consideration, in that case, you (the procuratorate) didn't come (to sue), and I guess the case undertaker (of the Intermediate People's Court) might have this idea,' Forget it if you don't come'." The receptionist asked Gao Yanlong to continue to ask the procuratorate about the situation.

Over the past year, Gao Yanlong and his lawyers have repeatedly found Sanmenxia City Procuratorate to reflect the situation, and in September this year, they submitted the reflected materials to the control office again. 165438+1On the afternoon of October 24, a person in charge of the application control office of Sanmenxia City Procuratorate said that the case had been transferred to the public prosecution agency for handling with the instructions of the leaders.

During his detention in the detention center, in order to relieve boredom, Gao Yanlong kept a diary, recording his daily experiences, thoughts of reading every day, trivial matters in the prison room, and more importantly, expressing his thoughts for his loved ones and his resentment against himself.

Late at night on March 2 1 97, he wrote a poem called Joan Hinton: I was unlucky in a foreign land, and I was surprised in May. I can't sleep at night, and the wanderer is worried and tired.

Gao Yanlong told reporters many times that all these efforts he made were for his own breath.

People's Daily Online-/kloc-released on bail in 0/7, and he is still a murder suspect.