How to get PICC released on bail pending trial?

1. What is the time limit for obtaining bail pending trial? According to the provisions of the Criminal Procedure Law, the longest time for the public, procuratorial and legal organs to obtain bail for criminal suspects and defendants shall not exceed 12 months, which refers to the legal time limit of 12 months. Then, does this twelve-month period refer to the total period for the three organs of public security law to apply bail pending trial, or to the longest period for the judicial organs to apply bail pending trial? There is still controversy. According to the spirit of the law, "twelve months" should be the longest total period for judicial organs to take bail pending trial. The interpretation of the three organs is a breakthrough interpretation of the criminal procedure law, which is too long and far from the spirit of the rule of law. This view is obviously too demanding, misinterpreting the original intention of legislation and not meeting the actual needs of punishing crimes. Bail pending trial is a compulsory measure to restrict the freedom of movement of criminal suspects and defendants. It only requires criminal suspects and defendants not to leave the city or county where they live without approval, to be on standby at any time, and not to hinder the trial of the case, but it has no substantial impact on the daily life of criminal suspects and defendants. Criminal procedure is a complicated process, including investigation, prosecution, trial and other litigation stages. If the longest period for the public, procuratorial and legal organs to release a criminal suspect or defendant on bail pending trial should not exceed 12 months, the period is too short to guarantee the trial time of the case. At the same time, it is impossible to allocate this time reasonably. If the former organ's time limit for obtaining a guarantor pending trial is exhausted or excessive, it will be difficult for the latter organ to continue to use it, which essentially deprives the latter organ of its power to obtain a guarantor pending trial, which obviously does not conform to the legislative spirit. The Provisions on the Procedures of Public Security Organs Handling Criminal Cases, the Rules of Criminal Procedure of the People's Procuratorate and the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) stipulate that the time limit for the public prosecution organ and the law to obtain bail pending trial is twelve months respectively, which shows that twelve months is the longest time limit for the public prosecution organ and the law to apply bail pending trial respectively, and it is "time-sharing" rather than "time-sharing". The judicial interpretation of "two highs" is the authoritative interpretation of the specific application of the bail pending trial system, which has been implemented for more than three years and the judicial operation is in good condition. As far as judicial practice is concerned, "term sharing" is in line with the actual needs of the judiciary. Second, there are three situations about how to release bail pending trial. First, he was released because he did not need to be investigated for criminal responsibility; Second, it was terminated due to changes in other compulsory measures; The third is due to terminate. According to the Criminal Procedure Law and relevant judicial interpretations, bail pending trial is made by the original judicial organ and notified to the public security organ for execution. However, in judicial practice, many judicial organs only decide not to terminate the case, which is mainly manifested as follows: the case enters another procedure from one procedure, and the organ accepting the case often changes the compulsory measures of obtaining bail pending trial without informing the original decision-making organ of the termination; Some original decision-making organs do not go through the cancellation procedures after receiving the notice from the accepting organ; There are also cases where the decision-making organ neither handles the cancellation procedures nor changes the compulsory measures after the expiration of the bail pending trial, and so on. These problems exist, on the one hand, because the case-handling organs are lazy to implement and the law enforcement is lax; On the other hand, there are some unreasonable and unscientific provisions in judicial interpretation, which bring inconvenience to judicial organs. Article 22 of the "Provisions on Several Issues Concerning Bail Pending Trial" issued by the Ministry of Education and institutions of higher learning stipulates that if bail pending trial measures have been taken in the investigation or stage, when the case is transferred to the review, prosecution or trial stage, the organ accepting the case may decide to continue bail pending trial within 7 days, or change the guarantee method or compulsory measures; Those who continue to be released on bail pending trial should make a new decision. Article 23 also stipulates that the original decision-making organ shall immediately go through the formalities of releasing the guarantor pending trial after receiving the decision of the accepting organ to change the compulsory measures. If the accepting organ decides to continue to obtain a guarantor pending trial or change the guarantee method, the original guarantor pending trial will be automatically released and the cancellation procedures will no longer be handled. The above is the introduction of how to release the bail pending trial.

Legal objectivity:

Article 79 of the Criminal Procedure Law 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 the maximum period of residential surveillance shall not exceed six months. During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.