How many days should the bail deposit be returned after the judgment is issued?

After the judgment is issued, the corresponding guarantee deposit for release on guarantee pending trial is to be refunded at the same time as the compulsory measures are modified or cancelled. As long as there is no violation of the provisions during the period of release on bail, the security deposit will be refunded in full when the compulsory measures are changed or cancelled. According to the relevant legal provisions, it can be seen that the 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 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.

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 person might be sentenced to controlled release, short-term detention, or independently applying 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.

Article 68.

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.

Article 69.

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 70. The guarantor shall perform the following obligations: (1) Supervise the guarantor's compliance with the provisions of Article 71 of this Law; (2) Where it is discovered that the guaranteed person may have violated the provisions of Article 71 of this Law, it shall promptly report to the enforcement organ.

Where the guarantor violates the provisions of Article 71 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 pursued in accordance with law.

Up to 12 months from the date of bail.

Article 58: 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, and residential surveillance must not exceed 6 months.

The law does not explicitly stipulate this. However, it should be refunded after the judgment has entered into force.

Lawyer answersAfter the verdict of the first instance came down.

Lawyer analysisThe deposit will be refunded after the judgment of the first instance.

If a suspended sentence is imposed, the security deposit will be refunded after the probation judgment takes effect. The security deposit can be refunded on the spot when the bail is released.

During the period of release on bail, if a criminal suspect or defendant released on guarantee violates laws and regulations, the release on bail will be immediately terminated, and the security deposit will be confiscated and will not be returned.

If there is no violation of laws and regulations, the deposit will be refunded at the end of the bail pending further investigation.

Legal basisArticle 68 of the Criminal Procedure Law.

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

The post-sentence bail money can generally be refunded after the sentence takes effect, because after the court judgment takes effect, the release on bail pending trial measures are automatically lifted, and the handling of bail pending further investigation can only be determined if the conditions prescribed by law are met, and the conditions cannot be applied for bail if the conditions are not met.

1. When will the bail money be refunded after sentencing?

Defendants or their relatives can go directly to the bank to collect the refunded security deposit with the "Notice of Release on Guarantee Pending Trial", and do not need to go to the public security organs.

With the "relevant legal documents", you can also go to the bank to get the refunded security deposit. "Relevant legal documents" refer to legal documents that can prove that the case has been closed. This includes the People's Procuratorate's Non-Prosecution Decision and the People's Court's Judgment and Ruling.

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

1) Must not leave the city or county of residence without the approval of the enforcement organ;

2) Promptly appear in the case at the time of arraignment;

3) Witnesses must not be disturbed in any form to testify;

4) Evidence must not be destroyed or fabricated or colluded testimony.

Where a criminal suspect or defendant released on guarantee pending further investigation violates the provisions of the preceding paragraph by already paying a guarantee deposit, the guarantee deposit is to be confiscated, and the criminal suspect or defendant is to be ordered to make a statement of repentance, pay a new guarantee deposit, submit a guarantor, or place them under residential surveillance, or arrest them. Where criminal suspects or defendants have not violated the provisions of the preceding paragraph during the period of release on guarantee pending further investigation, the guarantee deposit shall be returned at the end of release on guarantee.

2. What is the legal liability for not returning the bail deposit?

1. Where public security organs and their people's police violate the Criminal Procedure Law and these Provisions by releasing unqualified criminal suspects on guarantee pending further investigation, collecting guarantee deposits, or confiscating or returning criminal suspects' guarantee deposits without authorization, the directly responsible personnel and directly responsible managers are to be held responsible.

2. Where public security organs and their people's police violate the Criminal Procedure Law and these Provisions by neglecting supervision and management after collecting a guarantee deposit from a criminal suspect who has decided to release him on guarantee pending further investigation, or suspending the investigation of the case without reason, or indulging the criminal suspect, the directly responsible personnel and directly responsible managers are to be given administrative sanctions in accordance with relevant provisions; where a crime is constituted, criminal responsibility is pursued in accordance with law.

3. Where public security organs and their people's police intercept, sit on, embezzle, or embezzle security deposits in any other way, they are to give administrative sanctions to the directly responsible personnel and directly responsible managers in accordance with relevant provisions; where a crime is constituted, criminal responsibility is pursued in accordance with law.

The criminal suspect has not violated the relevant provisions during the period of release on bail, and the guarantee deposit will be refunded at the end of the procedure for release on bail pending further investigation, and the guarantee deposit will not be refunded to suspects who do not meet the requirements for applying for release on bail pending further investigation or who have not complied with the provisions of the period of release on bail.

Legal basis: Article 68 of the Criminal Procedure Law.

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 for repentance.

After the court's judgment takes effect, the bail pending trial measure will be automatically lifted. Those sentenced to actual punishment are to be returned to prison for serving their sentences, and those sentenced to a suspended sentence are to enter the probationary period. If a guarantee deposit is paid, the defendant or his close relatives who have been released on bail pending further investigation after the court has made a judgment may go through the formalities of returning the deposit to the public security organ with the receipt.

Article 97 of the Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs (Order No. 125 of the Ministry of Public Security) Where a person released on guarantee pending further investigation does not violate the relevant provisions of Articles 85 or 86 of these Provisions, nor has he committed a new intentional offense, or has any of the circumstances provided for in Article 183 of these Provisions, the public security organ shall draft a decision to return the guarantee and notify Silver Hail to return the guarantee deposit in full at the same time that the release on guarantee pending further investigation is lifted and the compulsory measures are modified. The person released on guarantee pending further investigation or his legally-designated ** person may go to the bank to collect the returned security deposit with the written decision to return the security deposit.

Release on guarantee refers to a compulsory measure whereby the investigating organ orders the criminal suspect to provide a guarantor or pay a guarantee deposit and issue a guarantee to ensure that he will not evade or obstruct the investigation, and that he will be summoned with him.

Article 73 of the Criminal Procedure Law: Where a criminal suspect or defendant does not violate the provisions of Article 71 of this Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee, he or she shall go to the bank to receive the returned guarantee money on the basis of the notice of release on guarantee pending further investigation or relevant legal documents. Article 72:The organ making the decision on release on guarantee shall comprehensively consider the need to ensure that litigation activities are carried out normally, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that may be given, and the economic status of the person released on guarantee, to determine the amount of the guarantee deposit. The person providing the guarantee deposit shall deposit the guarantee deposit into a special account at the bank designated by the enforcement organ.