On September 21, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of National Security jointly issued the latest revised version of the Provisions on Certain Issues Concerning Obtaining a Bail pending Trial. The reporter noted that the revision further strengthened the implementation and supervision of the person on bail pending trial. "In order to strengthen the supervision and management of the person on bail pending trial, and prevent the occurrence of the problem of separation from custody and leakage of custody, the Provisions specify the scope of activities of the person on bail pending trial, specify the reporting obligations of the person on bail pending trial when the person on bail is executed in another place, and detail the punishment measures for violations of the person on bail pending trial." According to the person in charge of the "two high levels and two ministries", the Provisions specify the scope of "specific places", "specific personnel" and "specific activities" in Article 71 of the Criminal Procedure Law, so as to facilitate practical operation. For those who have obtained a guarantor pending trial in another place, the time limit for the person who has obtained a guarantor pending trial to report to the enforcement authority shall be stipulated, and the consequences of failing to report to the enforcement authority within the specified time limit and the handling measures shall be clarified. If the person on bail applies to leave his residence, he shall further detail the relevant conditions, approval procedures, provisions to be observed, etc. At the same time, the conditions and procedures for such measures as confiscating the deposit, imposing a fine on the guarantor, and arresting the guarantor are further clarified to ensure that the relevant provisions on obtaining a guarantor pending trial are implemented. In addition, in order to embody the criminal justice policy of "less arrests, cautious prosecution and cautious custody", the provisions clearly specify that for suspect who take bail pending trial to prevent social dangers, bail pending trial should be applied according to law; For the problems of "serious diseases" and "unable to take care of themselves" in Article 67 of the Criminal Procedure Law that are not applied in a standardized way in practice, it is clearly referred to the relevant normative documents issued by the Supreme Court and other departments. At the same time, the Provisions specifically regulate the implementation of the decision of the People's Court and the People's Procuratorate to obtain a guarantor pending trial, and further regulate the connection between the decision of obtaining a guarantor pending trial and other compulsory measures, judgments, decisions, etc. Bail pending trial is an important non custodial coercive measure in criminal proceedings. It is understood that in 1999, the "two high and two ministries" specially formulated the "Provisions on Several Issues Concerning Bailing and Awaiting Trial" to regulate the work. In view of the development of practice, the "two high and two ministries", on the basis of full research and demonstration, and in accordance with existing laws and relevant regulations, made a comprehensive revision of the 1999 Provisions. "Next, we will strengthen the supervision and guidance on the application of bail pending trial measures by public security organs and national security organs in various regions, further standardize the judicial acts of law enforcement, and if problems such as the application of bail pending trial should be applicable but not applicable or the application of bail pending trial in violation of regulations are found, we will correct them in a timely manner according to law to ensure that the bail pending trial measures are fully and accurately implemented." Said the above responsible person. (Liu Xinshe)
Edit：Yi Bing Responsible editor：Wei Li Bin
Source：ccdi.gov.cn
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