Difference between revisions of "China Criminal Defense Manual - Pretrial Preparation"

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#When a suspect who is not eligible for arrest holds a valid passport or exit document and there is concern that the suspect will leave China to evade investigation, the Procuratorate can place the person on bail pending trial without the lawyer having to apply for bail (Article 37, paragraph 7 of the Rules of Criminal Proceedings of the People's Procuratorates);   
 
#When a suspect who is not eligible for arrest holds a valid passport or exit document and there is concern that the suspect will leave China to evade investigation, the Procuratorate can place the person on bail pending trial without the lawyer having to apply for bail (Article 37, paragraph 7 of the Rules of Criminal Proceedings of the People's Procuratorates);   
 
#When the Procuratorate does not approve the request for arrest or decides not to prosecute, requiring the case to be reviewed once more, public security organs can place the suspect on bail pending trial without the lawyer having to apply for bail (Article 63, paragraphs 5 and 7 of the Rules on the Procedures for Public Security Organs in Handling Criminal Cases).
 
#When the Procuratorate does not approve the request for arrest or decides not to prosecute, requiring the case to be reviewed once more, public security organs can place the suspect on bail pending trial without the lawyer having to apply for bail (Article 63, paragraphs 5 and 7 of the Rules on the Procedures for Public Security Organs in Handling Criminal Cases).
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What methods exist for applying for bail pending trial?
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'''CPL Article 53 provides for two ways to obtain bail pending trial: (1) through a guarantor; or (2) through a deposit in security.''' 
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#Guarantor: Bail guaranteed by a person, who submits a letter to the proper authorities promising that the guaranteed person will not escape or obstruct the investigation, prosecution and trial and will appear whenever summoned.  Granting of bail is based upon the character, reputation and credit of the guarantor, who must be willing to act as guarantor and must be approved by the applicable authority.
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A guarantor shall meet the following conditions (CPL Article 54):
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*Must not have any involvement in the current case;
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*Able to perform a guarantor's duties;
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*Is entitled to political rights and not subject to restrictions on personal freedoms;
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*Has a fixed domicile and steady income.
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#Bail guaranteed by property (security deposit):  Under the bail system, the proper authorities have the criminal suspects or defendants deposit a security along with a written pledge promising not to evade investigation, prosecution and trial and promising to appear as soon as summoned during the course of bail.  According to the CPL and relevant judicial interpretations, the suspects or defendants should deposit the security in the form of renminbi (RMB) with the minimum amount being 1,000 RMB.  The amount of the security shall be determined by the decision-making body, which will take into account how much of a threat the suspect or defendant poses to society, the nature and circumstances of the case, the financial situation of the suspect or defendant, and the state of local economic development.  The security deposit shall not be excessive.

Revision as of 14:29, 20 April 2010