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

China Economic Net, Beijing, September 21, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Public Security, on the basis of fully investigating, carefully sorted out and analyzed the problems that urgently needed to solve the practice of bail pending trials. The research demonstration and amendment were revised on the "Several Issues on Watchburition Trials" issued in 1999, and 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.

- END -