Karl Zhang and Teresa Huang
On September 5, 2022, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of State Security issued the revised Provisions on Several Issues Concerning Bail Pending Trial (hereinafter referred to as “the Provisions”), which came into effect upon its issuance. The specific contents of the Provisions are as follows:
1. General Provisions
Bail pending trial shall be decided by public security authorities, state security authorities, people’s procuratorates, and people’s courts in accordance with law, and shall be implemented by public security authorities or state security authorities. Bail pending trial shall apply in accordance with the law to criminal suspects whose bail pending trail is sufficient to prevent from presenting danger to the community. Where a decision is made to grant bail to a criminal suspect or defendant, he or she shall provide a guarantor or pay a bond.
When a decision is made to grant bail pending trail, the person on bail may be ordered not to enter the “specific places”, not to meet or communicate with the “specific persons” or not to engage in the “specific activities” according to the circumstances of the case.
Bail pending trial shall be implemented by the police station in the place of residence of the person on bail, and If a person on bail falls under any of the particular circumstances, bail pending trial may also be implemented in his place of temporary residence. Except for work, study, medical treatment and other legitimate and reasonable reasons and being approved, the person on bail may not leave the city or county of residence without approval. During the period of bail pending trial, public security authorities, people’s procuratorates may summon the person on bail in accordance with the relevant provisions.
4. Change and Removal
Where the period of bail pending trial expires, the deciding authority shall make a decision to remove bail pending trial or change the coercive measures; if it is discovered that the person on bail should not have been held criminally liable and a decision is made to dismiss the case or terminate the investigation, the bail pending trail shall be removed in accordance with the law. If there is a change in coercive measures, the beginning of the implementation of imprisonment sentences, the beginning of community corrections, a decision on not initiating a prosecution or a judgement of innocence, being exempted from criminal punishment or not bearing criminal responsibility, bail pending trial will be removed automatically.
If the person on bail violates the Provisions, the public security authority may suspend or confiscate part or all of the bond, the deciding authority may order the person on bail to write a statement of repentance, pay bond or provide a guarantor, or change the coercive measures, etc.; and if the violation constitutes other crimes or public security violations, it shall be treated in accordance with the relevant provisions. If the guarantor fails to fulfill its supervisory obligations, fails to report in a timely manner as required or does not report, the guarantor may be imposed a fine; if the violation constitutes a crime, criminal responsibility shall be investigated in accordance with law.
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