"Two highs and two parts" jointly issued new provisions of bail pending trial

The bail pending trial is an important non -detention measures in criminal proceedings. The application for bail pending trial in accordance with the law is of great significance for respecting and guaranteeing human rights, saving judicial resources, and ensuring the smooth smoothness of criminal proceedings. With the continuous progress of my country's economic and social development and the construction of the rule of law, the criminal structure and punishment structure gradually slowly become gentle. Criminal judicial policies, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of National Security on the basis of fully investigating the problems that urgently need to be solved in the practice of bail pending trials. The "Provisions on Several Issues on Purbing Trials" issued in 1999 was revised, and it was officially released on September 21, 2022.

The "Regulations" have a total of 40 chapters and 40, which provisions for the general provisions, decisions, execution, changes, lifting, and responsibility of the bail pending trial. Among them, the focus has been modified by the following:

The first is to further clarify the scope of application for bail pending trial. Regarding the target of the bail pending trial, the "Regulations" clearly clearly apply for bail pending trials in accordance with the law for criminal suspects who have adopted bail pending trials to prevent social danger. The applicable conditions for the bail pending trial clarify the "severe diseases" and "life cannot be taken care of" in Article 67 of the Criminal Procedure Law, and shall refer to the relevant standardized documents issued by the Supreme People's Court and other departments.

The second is to further strengthen the execution supervision of the bail pending trial. In order to further clarify the scope of the activity of the insured, the "Regulations" detailed the scope of "specific places", "specific personnel", and "specific activities" in Article 71 of the Criminal Procedure Law in order to Operation in actual. In response to the implementation of bail pending trials in different places, the "Regulations" stipulated the time limit reported by the those who were reserved to the executive authority, and clarified the consequences and disposal measures that did not report within the prescribed period to ensure the effective implementation of the bail pending trial. For those who are applied for the bail pending trial, they have further refined relevant conditions, approval procedures, and regulations that should be complied with. At the same time, in order to increase the punishment of the illegal punishment of the bail pending trial, the "Regulations" further clarify the conditions and procedures of confiscation margin, guarantor fines, arrests and other measures to ensure the implementation of the relevant provisions of the bail pending trial.

The third is to solve the specific problems encountered during the implementation of the bail pending trial. For criminal suspects and defendants who have not lived frequently, and are not in the common problems of household registration all year round, the "Regulations" clearly clearly performs bail pending trials in the temporary residence of the bail pending trial. In response to the issue of how to deal with the changes in the residence of the bail pending trial, the "Regulations" required that the public security organs that decided to obtain the bail pending trial should re -determine the implementation of the residential police station after being changed by the bail pending trial. Organ handling work. In addition, in order to facilitate the refund of the bond deposit of the bail pending trial, the "Regulations" proposes to issue a written application by me, and the public security organs can notify the bank to refund the deposit in writing.

The fourth is to further standardize the work of bail pending trial. In order to smoothly apply for the execution of the bail pending trial, the "Regulations" clarified that the people's court and the people's procuratorate decided to obtain bail pending trial, and the relevant legal documents and other materials were sent to the local public security organs at the same level. Delivery execution. At the same time, if the "Regulations" require that if the bail pending reviewer needs to be arrested in violation of the regulations, the People's Procuratorate and the People's Court shall be requested to make a decision to arrest according to law, and shall be implemented by the public security organs at the same level. In addition, the "Regulations" further regulates the connection between bail pending trial and other coercive measures, judgments, decisions, etc.

In the next step, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of National Security will guide local people's courts at all levels, people's procuratorates, public security organs, and national security organs to strictly implement the Criminal Procedure Law and "Several issues on bail pending trials. "Regulations" and other relevant regulations, further standardize the application of bail pending trials, in -depth implementation of criminal judicial policies that have been grasped and strict, and lack of caution of prudence. While ensuring the smooth progress of criminal proceedings, they fully protect the legitimate rights and interests of citizens.

Gongtong word [2022] No. 25

Supreme People's Court Supreme People's Procuratorate

Ministry of Public Security Ministry of National Security

Regarding the issuance of "About the Buret"

Notice of the Provisions of Several Issues "

Provincial, autonomous regions, and municipalities of the Higher People's Court, People's Procuratorate, Public Security Department (Bureau), National Security Department (Bureau), Xinjiang Uygur Autonomous Region Senior People's Court Production and Construction Corps Branch, Xinjiang Production and Construction Corps People's Procuratorate, Public Security Bureau, and National Security Bureau:

In order to further regulate the bail pending trial system, in accordance with the relevant provisions of the Criminal Procedure Law of the People's Republic of China, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of National Security in 1999 "Regulations on Several Issues on Watching Trial" issued in 1999 Amend. It is now issued to you, please carefully implement the local actual situation.

For problems encountered in various places, please report to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of National Security.

Supreme People's Court Supreme People's Procuratorate

Ministry of Public Security Ministry of National Security

September 5, 2022

Provisions on the issue of several issues of bail pending trial 1 chapter 1 general regulations

Article 1 In order to regulate the application of bail pending trial, implement the criminal judicial policies that are caught with prudent and prosecute, and ensure the smooth progress of criminal proceedings, protect the legitimate rights and interests of citizens, and formulate these regulations Essence

Article 2 Anyone who obtain bail pending trial for criminal suspects and defendants shall make decisions by public security organs, national security organs, people's procuratorates, and people's courts in accordance with the specific situation of the case.

If the public security organs, the People's Procuratorate, and the People's Court decided to obtain the bail pending trial shall be executed by the public security organs. If the national security organs have decided to take the bail pending trial, and the criminal case of the people's procuratorate and the people's court to handle the criminal cases transferred by the national security organs to decide on the bail pending trial shall be implemented by the national security organs.

Article 3 For criminal suspects who adopt bail pending trials to prevent social danger, the bail pending trial shall be applied in accordance with the law.

Those who decide to obtain bail pending trial shall not interrupt the investigation, prosecution and trial of the case. It is strictly forbidden to indulge in crime with a bail pending trial.

Article 4 Anyone who decided to obtain bail pending trial for criminal suspects and defendants shall be ordered to submit a guarantor or pay a deposit.

If the same criminal suspect and the defendant decide to take the bail pending trial, the guarantor guarantee and margin guarantee shall be used at the same time. If a minor for bail pending trial, the guarantor guarantee shall be given priority.

Article 5 The bonding of the bond is obtained from the bond, and the starting point of the deposit is RMB 1,000; if the bail pending person is a minor, the starting point of the deposit is RMB 500. The decision -making organs should comprehensively consider ensuring the normal needs of the litigation activities. The social danger of the bail pending trial, the nature and circumstances of the case may be the severity of the punishment, the economic status of the bail pending trial, etc., and determine the amount of the deposit.

Article 6: If the suspect and the defendant cannot propose the guarantor or the security deposit, the suspect or the defendant shall be monitored and rested. If the monitoring resident stipulated in the preceding paragraph proposes to the guarantor or pay the deposit, it can be changed to the bail pending trial.

Chapter 2 Decision

Article 7 When the bail pending trial is decided, those who are ordered by the case may not enter the following "specific places" according to the case situation:

(1) It may lead to the place where it re -implementation of crime;

(2) It may lead to a place where social order and interfere with the normal activities of others;

(3) A place related to the suspected criminal activities;

(4) It may lead to the place where the evidence of destruction and the interference of witnesses such as testimonial lawsuits;

(5) Other specific places that may obstruct the execution of the bail pending trial.

Article 8 When the bail pending trial is decided, the person may be ordered to be ordered to meet or communicate with the following "specific personnel" according to the case.

(1) Witnesses, appraisers, victims and legal agents and close relatives;

(2) illegal actors, suspects, defendants, and other personnel associated with cases;

(3) Those who may be violated and disturbed by those who have been obtained by the bail;

(4) Those who may implement the implementation of the bail pending trial and affect litigation activities.

The "communication" in the preceding paragraph includes direct or indirect communication through various methods such as letters, SMS, emails, calls, and network application service exchange information.

Article 9 When the bail pending trial is decided, those who are ordered to be obtained in accordance with the case shall not engage in the following "specific activities":

(1) It may lead to the activity of the crime again;

(2) Activities that may have adverse effects on national security, public safety, and social order;

(3) Activities associated with the suspected crime;

(4) Activities that may obstruct litigation;

(5) Other specific activities that may obstruct the execution of the bail pending trial.

Article 10 The public security organs shall set up a special account of the bonding deposit of the bail pending trial in their designated banks, entrust banks to collect and custody margin on their behalf, and notify the relevant information of the People's Procuratorate and the People's Court at the same level.

The margin shall be paid by RMB.

Article 11 If the public security organs decide to use the security deposit guarantee, the notice of receiving a deposit shall be delivered to the bail pending review in a timely manner, and it shall order it to pay the deposit to the designated bank at one time within three days.

Article 12 If the People's Court and the People's Procuratorate decided to use the security deposit guarantee, they shall be ordered to be ordered to pay the deposit to the special account of the bank designated by the public security organs within three days.

Article 13 The person who is a bail pending review or a person who provides a deposit for them shall deposit the deposit they pay into the special account of the bond margin, and shall issue relevant vouchers by the bank.

Chapter 3 Execution

Article 14 If the public security organs decide to obtain the bail pending trial, after verifying the bonding of the bail pending review, the bond shall be paid, the bail pending review decision, the notice of the bail pending trial, and other relevant materials shall be submitted to the implementation.

Article 15 If the public security organs decide to obtain bail pending trial, they shall promptly notify the police station for the residential place of the personnel to be tried. If the place of residence of the bail pending trial is in a different place, the public security organs of the residence shall be notified in time, and the police station that specifies the residence of the person who has been approved for trial shall be implemented. If necessary, the case handling department can assist in execution.

If the residence of the bail pending trial is changed, the police station for the implementation of the bail pending trial shall promptly notify the public security organs that decide the bail pending trial, and it will be re -determined that the residential police station that the bail pending trial is changed. If the place of residence is changed in a different place, the public security organs that decide to obtain the bail pending review shall notify the public security organs of the place, and it shall be executed by the police station where it is specified in the place of residential residence of the bail pending trial. The original executive authority shall work with the changing executive authority. Article 16 The place of residence includes the place where the household registration is located and the place of frequent residence. Frequent residence refers to the place where the bail pending trial leaves the household registration and finally lived for more than a year.

The bail pending trial should generally be implemented in the place where the household registration is, but those who have formed frequent residence can be implemented in frequent residence.

If the person who is taken for a bail has one of the following circumstances, you can also perform the bail pending trial at its temporary residence:

(1) The person who was obtained from the bail leave the household registration is more than a year and has no place of residence, but there is a fixed place of residence in the temporary place;

(2) For those who have been taken for foreigners, no nationality, Hong Kong Special Administrative Region, Macau Special Administrative Region, and residents of Taiwan;

(3) Those who have been obtained by the person who have been obtained cannot be found and have no place to live.

Article 17 If the bail pending trial is implemented locally, the public security organs that decide to obtain bail pending trial shall submit legal documents and the police station that is responsible for the implementation of legal documents and relevant materials.

If the bail pending trial is performed in a different place, the public security organs that decide to obtain the bail pending review shall deliver legal documents and relevant materials for the registration period of the person who have been obtained by the bail pending review, contact information and other information. With the mailing and mailing receipt, the executive authority shall promptly pay back. Those who are obtained by the bail shall report to the executive authority within five days after receiving the decision to receive the bail pending trial. The executive authority shall report it to the decision authority within three days after the bail pending review.

If the person who has been obtained by the bail does not report to the police station responsible for execution within the prescribed period, and if there is no reason, the executive authority shall notify the decision authority, and the decision authority shall be promoted in accordance with the law. The relevant provisions of Chapter 5 of these regulations.

Article 18 When performing bail pending trials, the executive authority shall notify those who who will be obtained by the bail pending review must abide by Article 71 of the Criminal Procedure Law, and the legal consequences of violating the regulations or re -crimes during the bail pending trial.

If the guarantor guarantees, the guarantor shall be informed of the guarantee obligations that must be fulfilled, and the legal consequences of not fulfilling their obligations, and shall be issued by it.

The executive authority shall supervise and inspect the relevant situation of the prescribed persons in accordance with the law, inspect those who are observed to comply with the regulations, timely grasp the changes in their sites, work units, and contact information in a timely manner, and prevent and stop acting violations of regulations.

The person who is obtained by the bail shall abide by the relevant provisions of the bail pending trial, accept the supervision and management of the executive authority, and cooperate with the executive authority to regularly understand the relevant situation.

Article 19 The bail pending trial shall not leave the cities and counties where they live without approval.

Those who are required to leave the bail must leave the cities and counties where they live, and shall submit a written application to the police station responsible for the implementation, and indicate the cause, destination, route, transportation method, round -trip date, contact information, etc. If there is an urgent reason for the person who is obtained by the bail, if you have no time to submit a written application, you can apply for the application through telephone, SMS and other methods, and timely make up the written application procedures in a timely manner.

After review, those who have a legitimate directors such as work, study, medical treatment, etc. shall be approved by the person in charge of the police station.

After approval by the police station in charge of execution, the decision organs shall be notified and the person who is notified to observe the following requirements:

(1) Keep the contact information unblocked and get the case in time during the message;

(3) No activities to engage in lawsuits;

(4) Report to the executive authority in a timely manner after returning to the place of residence.

For regular inter -city and county activities due to normal work and life, the approval procedures can be simplified according to the situation.

Article 20 If the People's Court and the People's Procuratorate decided to obtain bail pending trial, the bail pending review decision, the implementation notice of the bail pending trial, and other relevant materials shall be sent to the local public security organs at the same level. Article 15, Article 16, and Article 17 are delivered to the execution.

The People's Court and People's Procuratorate can send legal documents and relevant materials to the public security organs by electronic methods.

The county -level public security organs responsible for implementation shall be executed within 24 hours after receiving legal documents and relevant materials, and the residential police station for the person who is obtained by the bail pending trial shall be executed, and the police station of the police station shall be notified of the prevalence of the bail pending trial shall make the people's court and the people who shall be determined by the bail pending trial. Procuratorate.

The change of the residence of the person who has been obtained by the insurance trial shall be implemented by the public security organs responsible for the implementation of the public security organs, and the people's court and the people's procuratorate shall be notified to make a decision to obtain the bail pending trial.

If the people's court and the People's Procuratorate decided to obtain bail pending trial, the executive authority approved the approved the bail pending trial to leave the city and county where they lived, and they shall obtain the consent of the decision authority.

Article 21 If the public security organs and people's procuratorates who have decided to obtain bail pending trial were rumored to be obtained from the bail pending trial, they shall produce legal documents and be delivered to those who have been obtained. The person who was rumored was not present, and he could also pay for the adult relatives who lived with them, and contacted the bail pending trial confirmation and inform. If the person who cannot be delivered or the bail pending trial fails to accept the message in accordance with regulations, it shall be indicated in legal documents and notify the executive authority. If the situation is urgent, the public security organs and the People's Procuratorate who decided to obtain the bail pending trial may pass the telephone notice and other methods.

If the news of different places, the public security organs and the People's Procuratorate that decided to obtain the bail pending trial may commission the executive authority to deliver them on behalf of them. Those who cannot be delivered should be indicated in legal documents and notified the decision organs.

The defendant of the people's court was implemented in accordance with other relevant regulations.

Article 22 The guarantor shall supervise the provisions of the bail pending trial to observe the management of the bail pending trial, and find that if the guarantor has or may violate the provisions of Article 71 of the Criminal Procedure Law, it shall report to the executive authority in a timely manner.

If the guarantor is unwilling to continue to guarantee or loses the guarantee conditions, the guarantor or those who are taken for a bail should report the executive authority in a timely manner. The executive authority shall notify the decision organ within three days from the date of discovery or told that situation. The decision agency shall order the bail pending to re -propose a guarantor or pay the security deposit, or change the mandatory measures, and notify the executive authority.

Article 23 If the executive authority finds that the person who has been obtained by the bail pending judge shall violate the provisions of the compliance and the guarantor's failure to fulfill the guarantee obligations, it shall stop and take corresponding measures in a timely manner, and inform the decision authority at the same time.

Chapter 4 Change and Lift

Article 24 The expiry of the bail pending trial period, the decision authority shall make a decision to terminate the bail pending trial or change the compulsory measures and send it to the executive authority. If the agency fails to terminate the bail pending trial or does not take other criminal compulsory measures to the bail pending trial, the bail pending trial and its legal agent, close relatives or defender have the right to determine the agency to terminate the bail pending trial.

If the criminal liability of the bail pending trial should not be investigated and a cancellation of the case or the termination of the investigation decision, the decision authority shall make a timely decision to terminate the bail pending trial and send it to the executive authority.

If one of the following circumstances, the bail pending review is automatically lifted and no longer goes through the procedures. The decision authority shall promptly notify the executive authority:

(1) The bail pending trial is changed to monitoring, detention, and arrest. The mandatory measures after the change have begun to be implemented;

(2) The People's Procuratorate made a decision without prosecution;

(3) The judgment of innocence, criminal punishment or criminal liability for criminal punishment, or rulings made by the people's court have legal effect;

(4) If you have been sentenced to control or application of probation, community correction has begun to be implemented;

(5) If you have been attached to the single office, the judgment and ruling have been effective;

(6) The sentence was sentenced to imprisonment, and the punishment had begun to be implemented.

After receiving the above decision or notification of the decision organs, the executive authority shall immediately execute it and will notify the decision authority in time in time.

Article 25. The person who is guaranteed to be guaranteed by the security method has not violated Article 71 of the Criminal Procedure Law during the bail pending trial, nor does it intentionally implements a new crime, and the bail pending trial, change of compulsory measures or implementation At the same time as punishment, the public security organs shall notify the bank to refund the deposit.

The bail pending trial or its legal agent may go to the bank to receive the refund deposit with the relevant legal documents. If the person who is obtained from the bail cannot receive the deposit of the refund, the written application is issued and the public security organs will be notified by the public security organs to the bank account provided by the public security organs to the bank to transfer the refund deposit to the bail pending trial or the person who entrusts it.

Article 26 If you have adopted a bail pending trial during the investigation or review and prosecution stage, if the case is transferred to the review and prosecution or the trial phase, you need to continue the bail pending trial, change the guarantee method, or change the compulsory measures. And notify the organ and executive authority of the transfer of the case.

After the organs of the case are made and implemented by the bail pending trial, the original bail pending measures are automatically terminated and will not go through the procedures for lifting the procedures. For the guarantee of continuing to adopt a deposit, in principle, the amount of deposit is not changed, and the deposit will not be collected again. After the compulsory measures of the changes in the case of the case began to be implemented, the organs and executive authorities of the transfer of the case shall be notified in a timely manner. The original bail pending decision decided to automatically terminate and no longer go through the procedures. The executive authority shall refund the deposit in accordance with the law.

If the period of the bail pending trial is about to expire, the organs of the case have not yet made a decision to continue the bail pending trial or change the compulsory measures, and the organs transferred to the case shall notify the subjects in writing before 15 days of the period. The organs of the case shall make a decision before the expiration of the bail pending trial, and notify the organs and executive authorities of the transfer of the case.

Chapter 5 Responsibility

Article 27 If the person who is guaranteed to be guaranteed by the security deposit is stipulated in Article 71 of the Criminal Procedure Law, the deposit shall be confiscated in accordance with the law, and the public security organs shall make a decision to sign some or all the deposit of the deposit, and notify the decision authority. The People's Procuratorate and the People's Court found that the person who was guaranteed to be guaranteed by the use of security deposits violated Article 71 of the Criminal Procedure Law and should inform the public security organs that the public security organs shall be handled in accordance with the law. For those who have been confiscated by those who have been obtained by the bail pending trial, the decision -making organs shall distinguish the situation, or order the those who are obtained to have regrets, re -pay the deposit, propose guarantors, or change the measures of mandatory measures, and notify the executive authority.

Those who re -pay the deposit shall apply the provisions of Article 11, 12, and 13 of these regulations.

Article 28 Anyone who is awarded by the bail pending trial constitutes the act of Article 60 of the Penalties of the People's Republic of China on Public Security Management Punishment.

Article 29 The prescribed by the bail pending trial did not violate the provisions of Article 71 of the Criminal Procedure Law, but if the public security organs shall temporarily deduct the deposit when the bail pending trial is suspected of being investigated for investigations during the bail pending trial. Later, decide whether to confiscate the deposit. Those who deliberately implement new crimes shall confiscate the deposit; if a new crime is implemented or does not constitute a crime for negligence, the deposit shall be refunded.

Article 30 If the public security organs decide to confiscate the deposit, they shall produce a confiscation deposit decision. They shall be read to those who have been obtained within three days and inform them that if they are not convinced by the confiscation of the deposit, the person who will be obtained or the legal agent can be in the fifth The public security organs who make a decision on the day of the day apply for reconsideration.

Those who are obtained by the bail or their legal agents are not convinced by the decision to reconsidens, and they may apply to the upper level public security organ within five days after receiving the reconsideration decision.

Article 31 The guarantor fails to fulfill its supervision obligations, or the provisions of Article 71 of the Criminal Procedure Law of the Criminal Procedure Law shall not report or conceal the non -reporting of the criminal procedure law. And the relevant situation will be notified in time to determine the agency.

The guarantor helps the bail pending trial to implement obstacles and other acts, which constitute a crime, and investigate their criminal responsibility in accordance with the law.

Article 32 If the public security organs decide to fine the guarantor, they shall produce a fine decision for the guarantor, and announce to the guarantor within three days that if they are not convinced by the fine decision, they can apply to the public security organs within five days of the public security organs to apply for the public security organs. Reconsideration.

If the guarantor decides not to accept the reconsideration, he can apply for a review to the upper level public security organs within five days after receiving the re -receiving the re -receiptation.

Article 33 If the decision of confiscation of margin, the decision of the guarantor's fine has passed the period of reconsideration, or if the reconsideration and review will maintain the original decision or change the amount of fines, the decision to make a deposit margin, and the public security organs that the guarantor's fines shall be fined shall be timely in time. The designated bank will pay the confiscated margin and guarantee for the payment of the state treasury in accordance with the relevant national regulations, and shall notify the decision authority within three days.

If the deposit is a personal property of the bail pending trial, and needs to be used to refund the victim, fulfill the obligation to compensate for civil compensation, or perform property punishment, the people's court may notify the public security organs to transfer all the deposits, and the people's court will be processed. people.

Article 34 If the people's procuratorate and the people's court decided to obtain bail pending trial, those who were approved by the bail were violated for bail pending trial and needed to be arrested. The people's court and the People's Procuratorate decided to arrest shall be performed by the local public security organs at the same place.

Article 35 The collection, management and confiscation of margin shall be implemented strictly in accordance with these regulations and the national financial management system. Method to swallow margin. For violations of regulations, administrative sanctions shall be given in accordance with relevant laws and regulations; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Chapter 6 Attachment

Article 36 The "severe disease" and "life cannot be taken care of" stipulated in Article 67, paragraph 1, paragraph 3, paragraph 3 of the Criminal Procedure Law, shall refer to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the country, respectively The "Regulations on the Implementation of the Temporary Overseas Supervision" issued by the Health and Family Planning Commission "The Scope of Diseases of the Severe Diseases of the Foreign Affairs" and the "Notice of the Supreme People's Court on the" Standards for Testing the Differential Learning of Criminal Life "" The Standards for Unexplained by the Life of Criminal Crimination " Essence

Article 37 If the national security organs decide and implement the bail pending trial, the provisions of these regulations on the duties of public security organs shall be applied.

Article 38 For the people's court and the People's Procuratorate decided to obtain a bail pending trial, but there is no public security organs at the same level, the provincial public security organs will work with the people's courts and the people's procuratorate in accordance with these regulations. And clarify the work connection mechanism.

Article 39 The executive agencies in these regulations refer to public security organs and national security organs responsible for implementing bail pending trials.

Article 40 These regulations shall be implemented from the date of issuance.

(Xu Ridan)

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