What are the specific requirements for bail officers?

There is no such thing as bail in our mainland law, we call it "bail pending trial". In accordance with the provisions of the Criminal Procedure Law, courts, procuratorates and public security organs, in the course of handling cases, may apply for release on guarantee pending further investigation for criminal suspects or defendants in any of the following circumstances: 1. They may be sentenced to controlled release, short-term detention, or independently applied supplementary punishments; 2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; 3. Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society; 4. At the completion of the period of detention, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

Courts, procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit, which is a form of guarantee for the release of a criminal suspect or defendant on guarantee pending further investigation. If a criminal suspect or defendant does not violate the provisions on release on guarantee pending further investigation during the period of release on guarantee pending further investigation, the judicial organ that collected the guarantee deposit shall return the guarantee deposit in accordance with law after other compulsory measures have been modified or the compulsory measures have been cancelled. Legal basis:

Article 65 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a person might be sentenced to controlled release, short-term detention, or an additional punishment may be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

The bailer is the guarantor who is released on bail pending trial, and according to the provisions of the Criminal Procedure Law, as a guarantor, he must meet the requirements of (1) not being involved in the case; (2) Have the ability to perform guarantee obligations; (3) They enjoy political rights and their personal freedom is not restricted; (4) Have a fixed residence and income. At the same time, the guarantor shall perform the supervision of the guarantor's compliance with the provisions of Article 69 of this Law; Where it is discovered that the guaranteed person may have violated the provisions of article 69 of this Law, it shall be promptly reported to the enforcement organ. If the guarantor violates the provisions of Article 69 of this Law and the guarantor fails to perform the guarantee obligation, the guarantor shall be fined, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

Lawyer Ouyang suggested: Criminal detention in China is high, and it is very rare to be released on bail pending trial, but neither the family nor the criminal suspect should give up fighting for any rights. In addition, in terms of the use of security deposit and the selection of guarantors, the lawyer recommends that the form of security deposit be used as much as possible to reduce unnecessary expenses.

Legal basis] Article 67 of the Criminal Procedure Law: The guarantor must meet the following conditions: (1) not be implicated in the case; (2) Have the ability to perform guarantee obligations; (3) They enjoy political rights and their personal freedom is not restricted; (4) Have a fixed residence and income.

Legal analysis: bail is also release on bail pending trial, and the criminal suspect or defendant needs to meet one of several circumstances under the Huai's draft, such as being sentenced to controlled release, criminal detention or independent application of supplementary punishment, or may be sentenced to fixed-term imprisonment or above, and taking bail pending trial will not cause danger to society, and at the same time, it is necessary to provide a guarantor or security deposit to be released on bail.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a person might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, and the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Conditions for release on bail pending further investigation: 1. Those who might be sentenced to controlled release, short-term detention, or independently apply a supplementary sentence; 2. Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; 3. Women who should be arrested but suffer from serious diseases, or who are pregnant or breastfeeding their own babies; 4. Detainees who need to be arrested but have insufficient evidence; 5. It cannot be completed within the statutory time limit, but it is necessary to continue the investigation and trial; 6. Those who hold valid exit documents and do not need to be arrested but may evade investigation. Release on guarantee pending further investigation refers to a compulsory measure taken by the investigating organ ordering a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he or she will not evade or obstruct the investigation, and to be available at any time.

It is usually used for criminal suspects who have committed minor crimes that do not require detention or arrest, but require certain restrictions on their freedom of movement.

Legal basis] Article 67 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where they might be sentenced to controlled release, short-term detention, or independently applied supplementary punishments; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are able to take care of themselves, are pregnant, or are breastfeeding their own infants, and their release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

Legal basis: Article 77 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs".

In any of the following circumstances, public security organs may release criminal suspects on guarantee pending further investigation: (1) where a criminal suspect might be sentenced to controlled release, short-term detention, or an additional punishment may be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to continue the investigation. For criminal suspects in custody, where the evidence does not meet the requirements for arrest, and where the people's procuratorate does not approve the arrest after an arrest is submitted, and it is necessary to continue the investigation, and the requirements for release on guarantee pending further investigation are met, they may be released on guarantee pending further investigation in accordance with law.

1. Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; 2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; 3. A criminal suspect or defendant who should be arrested suffers from a serious illness, or is a woman who is pregnant or breastfeeding her own baby; 4. The criminal suspect in custody needs to be arrested but the evidence is insufficient; 5. The case cannot be concluded at the completion of the legally-prescribed period of detention; Wait.

Legal analysisChunyan.

Criminal suspects or defendants may be released on guarantee pending further investigation if the following conditions are met: 1. They might be sentenced to controlled release, short-term detention, or independently applied supplementary punishments; 2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; 3. The criminal suspect or defendant who should be arrested suffers from a serious illness, or is a woman who is pregnant or breastfeeding her own baby; 4. The criminal suspect in custody needs to be arrested but the evidence is insufficient; 5. The case cannot be concluded at the completion of the legally-prescribed period of detention; 6. After an arrest is submitted, the procuratorate does not approve the arrest and needs to be reconsidered or reviewed; 7. After the broadcast is transferred, the procuratorial organ decides not to prosecute, and it is necessary to reconsider or review;

Conditions for bail guarantor: 1. It is not involved in this case, that is, it has no involvement with the case in which the criminal suspect or defendant is suspected, that is, the guarantor cannot be a co-defendant in this case, nor can he be a witness in this case, otherwise, because he is also the subject of investigation by the judicial organ, it is difficult to ensure that he earnestly performs his guarantee obligation. 2. The ability to perform the guarantee obligation, which not only means that the guarantor must reach a certain age and have the capacity for civil conduct, but also that the guarantor has a certain influence on the guarantor and the physical condition of the guarantor can enable him to complete the task of supervising the behavior of the guarantor.

4. Having a fixed residence and income means that the guarantor has his or her own permanent residence and stable economic income in the place where the guaranteed person resides. The guarantor has a fixed place of residence to facilitate the maintenance of contacts between him and the judiciary; Having a regular income is based on the feasibility of assuming obligations as a guarantor.

Legal basis:

Article 69 of the Criminal Procedure Law of the People's Republic of China.

The guarantor must meet the following conditions: (1) not be implicated in the case; (2) Have the ability to perform guarantee obligations; (3) They enjoy political rights and their personal freedom is not restricted; (4) Have a fixed residence and income.

Article 67 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

The conditions required for a bail person are as follows:

1. Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2. A sentence of fixed-term imprisonment or higher might be given, but release on guarantee pending further investigation will not cause danger to society;

3. Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society;

4. At the completion of the period of detention, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

According to the relevant regulations, bail is a popular term, and the normative concept is called bail pending trial. People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to submit a guarantor or pay a guarantee deposit.

Criminal suspects or defendants released on guarantee pending further investigation shall comply with the following provisions:

1. Without the approval of the executive authority, they shall not leave the city or county where they live;

2. Arrive at the case in a timely manner at the time of arraignment;

3. Do not interfere with the testimony of witnesses in any form;

4. Evidence must not be destroyed or fabricated or colluded confessions.

Article 66 of the Criminal Procedure Law of the People's Republic of China: Based on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under custodial summons, release on guarantee pending further investigation, or residential surveillance.

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

(4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Legal Analysis: The conditions for bail are as follows: (1) they may be sentenced to controlled release, short-term detention, or independently applied supplementary punishment; (2) A sentence of fixed-term imprisonment or higher might be given, and the use of release on guarantee pending trial will not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

(4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.