What is the determination of bail pending trial?

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 or residential surveillance will not cause danger to society. Release on guarantee pending further investigation and residential surveillance are to be enforced by the public security organs.

Chapter VI of the Code of Criminal Procedure.

Release on bail pending further investigation is a criminal compulsory measure provided for in the Criminal Procedure Law of the People's Republic of China. In China, it refers to compulsory measures taken by people's courts, people's procuratorates, or public security organs ordering certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits to ensure that they will be available at all times. It is to be enforced by the public security organs.

1. Criminal suspects or defendants in any of the following circumstances may be released on guarantee pending further investigation: (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) Where it is necessary to arrest a woman who is suffering from a serious illness, or who is pregnant or breastfeeding her own baby, and is not suitable to be arrested; (4) Cases in which criminal suspects or defendants are detained cannot be completed within the legally-prescribed time limits for investigation and detention, review for prosecution, first-instance trial, or second-instance trial, and it is necessary to continue the investigation and trial.

2. Detained criminal suspects and defendants, their legally-designated persons, and close relatives have the right to apply for release on guarantee pending further investigation.

3. People's courts, people's 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. ”

4. People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months.

The power to decide on release on guarantee pending further investigation rests with the public, procuratorial and judicial organs. After the decision is made to release on guarantee pending further investigation, the case-handling personnel are to fill out the decision to release on guarantee pending further investigation and the notice of release on guarantee pending further investigation, and review and issue the anti-fraud liquid. The personnel in charge of the stockings are then to read out the written release on guarantee to the criminal suspect, defendant, and guarantor, informing them of the provisions they should abide by, the obligations they should bear, and the legal consequences they should bear, and requiring them to issue a letter of guarantee and affix a seal to the signatory.

The public security organs, procuratorial organs, and people's courts all have the power to approve release on bail pending further investigation. Based on the specific circumstances of the case, the public, procuratorial and judicial organs directly and proactively employ release on guarantee pending further investigation; A decision is made on release on guarantee pending further investigation on the basis of the application of the lawyer retained by the criminal suspect during the investigation phase, or on the basis of the application of the criminal suspect, defendant and their legally-designated persons.

Legal basis: Article 66 of the Criminal Procedure Law: 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 of the Criminal Procedure Law: The people's courts, the People's Procuratorate and the 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 sentence 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) A woman who is seriously ill, unable to take care of herself, pregnant or breastfeeding her own baby, is released on guarantee pending further investigation and does not cause 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.

Legal analysis: people's courts, people's procuratorates and public security organs.

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 a sentence of controlled release, short-term detention, or an additional sentence 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, and the case has not yet been completed, and it is necessary to collect liquid and release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.