What do you usually do when you are summoned during bail pending trial?

1. What's the general thing about being summoned during bail pending trial?

During the period of bail pending trial, the main matters summoned are to verify the facts of the case, evidence and witness testimony.

Bail pending trial is because the detention period has passed, but the case has not yet been settled. During the period of bail pending trial, the public security organ has the right to summon the criminal suspect when it needs the criminal suspect to cooperate with the investigation, and the criminal suspect must be present in time.

Second, you can't apply for immigration during bail, can you?

You can't apply for immigration while you are on bail. Bail pending trial is only a compulsory measure in the process of criminal proceedings, which does not mean the end of the case. According to the law, people who have been released on bail pending trial should be on call and may not leave their county or city. Judging from the above situation, the executive organ will not approve you to go abroad before the compulsory measures are lifted.

3. Does the period of bail pending trial count as a sentence?

The period of bail pending trial does not count as a sentence.

According to the provisions of the Criminal Law, if a person sentenced to public surveillance, criminal detention or fixed-term imprisonment is detained before the execution of the judgment, the corresponding sentence may be reduced. However, pay attention to the word custody, which refers to detention in a detention place, excluding bail pending trial, so bail pending trial cannot be deducted and is not included in the sentence.

4. How to calculate the bail period?

1. Bail pending trial is a compulsory measure to restrict the freedom of movement of criminal suspects and defendants, but this restriction is still very wide. Just don't leave the city and county where you live without approval, and ensure that you are on standby at any time, which will not hinder the handling of cases and affect their normal life. The term of bail pending trial is relatively long, which will not infringe upon the rights and interests of criminal suspects and defendants. This provision is conducive to combating crime.

2. Criminal procedure is a complicated process, including investigation, prosecution and trial. If the cumulative period of bail pending trial for criminal suspects and defendants by public security organs, procuratorial organs and legal organs should not exceed 12 months, the bail pending trial period is short, which is not enough to ensure enough time for handling cases.

3. If the time limit refers to the cumulative time limit of the three organs, it is not easy to operate in practice, and it is impossible to solve the problem of how to allocate the time limit for bail pending trial among the three organs.

4. If the former organ has used up the time limit for obtaining bail pending trial, the latter organ can no longer use it, which is essentially depriving the latter organ of the right to use it.

5. Therefore, the provisions of this article on the period of bail pending trial mean that the public security organs, procuratorial organs and legal organs each have the right to decide that the period of bail pending trial is 12 months, instead of 12 months accumulated by the three organs.

legal ground

Article 67 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:

(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;

(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;

(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;

(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.

Bail pending trial shall be executed by the public security organ.