Under what circumstances or conditions cannot be released on bail pending trial

Those who meet the requirements of article 65 of the Criminal Procedure Law may be released on guarantee pending further investigation. If it doesn't meet it, you can't.

Article 65: 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 infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where 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.

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.

With regard to the conditions for the application of release on guarantee pending further investigation, article 51 of the Criminal Procedure Law clearly stipulates 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 person might be sentenced to controlled release, short-term detention, or independently applied a supplementary sentence; 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;

Those who do not meet the following conditions may not be released on bail pending further investigation!

Article 67 of the Criminal Procedure Law clearly stipulates that the people's courts, the people's procuratorate's blind courtyard, 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 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 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 take the position of release on guarantee pending further investigation.

The absence of bail pending further investigation refers to a criminal compulsory measure where, in the course of criminal proceedings, the investigative, prosecuting, and adjudication organs order a person who has been criminally prosecuted but has not been criminally detained to evade investigation, prosecution, and trial, and to issue a guarantee to ensure that he is always on the line.

Release on bail pending further investigation cannot be applied for in the following circumstances:

1. The circumstances of the crime are serious and a sentence of 3 years or more imprisonment might be given;

2. Escaping after committing a crime;

3. Not admitting guilt and having objections to the alleged crime;

4. There are still people who have not been arrested for defending the case at the same banquet;

5. For those with foreign household registration, there is no fixed residence in the city, and it is not guaranteed to be available with the summons.

Article 67 of the Criminal Procedure Law provides 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 infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where 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.

According to the "People's Procuratorate's Rules of Criminal Procedure", there are two types of persons who may not be released on bail pending further investigation: one is a criminal suspect who seriously endangers public order, and the other is other criminal suspects whose crime is of a heinous nature and the circumstances are serious. At the same time, the public security organs, procuratorates, and people's courts all have the power to decide whether or not to release the person on guarantee pending further investigation, and will determine the amount of the guarantee deposit based on the danger to society, economic status, the nature and circumstances of the case, and the possible punishment.

Legal basis: Article 87 of the Rules of Criminal Procedure of the People's Procuratorate provides that the People's Procuratorate shall not release on bail pending further investigation of criminal suspects who seriously endanger public security, as well as other criminal suspects whose crimes are heinous in nature and where the circumstances are serious.

1. There are several circumstances in which release on guarantee pending further investigation may be revoked or modified.

1. They should not be pursued for criminal responsibility.

2. The period for release on guarantee pending further investigation has expired.

3. It is discovered that the decision to release on guarantee pending further investigation is improper.

4. The defendant who has been arrested by Changming suffers from a serious illness and is unable to take care of himself, and his release on guarantee pending further investigation will not cause danger to society.

5. The case of a defendant who has already been arrested cannot be concluded within the time limit prescribed by law.

6. Women who have been arrested and whose defendants are pregnant or breastfeeding their own babies will not be dangerous to society if they are released on bail pending further investigation.

7. For defendants who have already been arrested, the first-instance trial court has sentenced them to controlled release or announced a suspended sentence, or to apply a supplementary sentence separately, and the judgment has not yet taken legal effect;

8. For defendants who have already been arrested, the time of the defendant's detention during the trial period of the second-instance trial court has already reached the time limit of the sentence imposed on them by the first-instance trial court;

9. For defendants who have already been arrested, the time limit prescribed by law has expired in cases where trial has not yet been concluded due to judicial evaluation.

10. The criminal suspect or defendant is deceased. Criminal suspects or defendants are the guarantors or the targets of the guarantee for release on guarantee pending further investigation, and since the targets of the guarantee no longer exist, the premise and significance of the release on guarantee pending further investigation has been lost, and of course it should be revoked.

11. The guarantor is dead, seriously injured, or otherwise loses the ability to guarantee. If there is no or loss of the ability to guarantee, the performance of the guarantee obligation becomes practically impossible, and the release on guarantee should be changed accordingly.

12. After the public security organ submits a request for arrest, the procuratorate does not approve the arrest, and the case needs to be reconsidered or reviewed, or after the case is transferred for prosecution, the procuratorate decides not to prosecute, and a reconsideration or review is required.