The criminal police arrested people without showing any evidence.

Let alone the criminal police, the police also have the right to detain for 24 hours. If it is proved that there is indeed a major suspect involved in the case, you will apply to the local court for an "arrest warrant" within 24 hours of the arrest that day, and you will go to jail!

As for the supporting documents you mentioned. The first criminal police really need to let the parties show their certificates to prove their duties when performing their tasks. If they have a police car, police uniform or official title when arresting your friend, they don't need to show it. If not, it's their fault. You can go to the local supervision department (discipline inspection team) to complain about him.

Second, the crux of the problem now is not whether to complain to the police. You must find out whether your friend has committed a crime. If so, if bail is needed, the court will decide whether to grant bail according to the serious procedure of his case. Here is a piece of information about "the conditions for the establishment of bail pending trial and how to handle it" I hope it works for you!

Litigation bail pending trial refers to a compulsory measure that public security organs, people's procuratorates and people's courts order criminal suspects and defendants who have not been arrested to put forward guarantors or pay bond to ensure that they can be summoned at any time. Below I will give you a detailed analysis of the provisions of bail pending trial from four aspects, hoping to help you. I advise you, if you want to deal with it, you'd better find a lawyer, so you won't be like a headless fly. It is best to deal with it in pieces. Don't hold it back, or the consequences will be very troublesome. Finally, think about it yourself!

(1) Applicable conditions for obtaining bail pending trial

1. may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment.

2 may be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social harm.

3. Women who are seriously ill or pregnant and breast-feeding their babies should be arrested.

The release of a criminal suspect or defendant on bail pending trial shall be decided by the public security organ, the people's procuratorate and the people's court according to the specific circumstances of the case. If a public security organ, a people's procuratorate or a people's court decides to obtain a bail pending trial, it shall be executed by the public security organ. If the state security organ decides to get a bail pending trial, if the people's procuratorate or the people's court decides to get a bail pending trial when handling the criminal case transferred by the state security organ, it shall be executed by the state security organ.

(2) Ways of obtaining bail pending trial

Article 53 of the Criminal Procedure Law stipulates that a criminal suspect or defendant who has been released on bail pending trial shall be ordered to put forward a guarantor or pay a deposit. Accordingly, there are two ways to obtain bail pending trial: guarantor guarantee and deposit guarantee. If the same criminal suspect or defendant decides to obtain bail pending trial, the guarantor guarantee and the deposit guarantee cannot be used at the same time.

Guarantor is the person who the criminal suspect or defendant proposes to guarantee for him. The guarantor must meet the following conditions: it is not involved in this case; Have the ability to fulfill the guarantee obligations; The enjoyment of political rights and personal freedom is unrestricted; Have a fixed residence

And income. The public security and judicial organs shall strictly examine whether the guarantor meets the statutory conditions. If the guarantor meets the requirements, he shall inform him of the obligations he must perform and issue a letter of guarantee.

The guarantor shall perform the following obligations: (1) to supervise the guarantor to perform his obligations during the period of bail pending trial stipulated by law; If it is found that the guarantor may or has committed illegal acts, it shall report to the executing organ in time. If the guarantor violates the law and fails to report it in time, after verification, the executing organ at or above the county level will impose a fine of 1000 yuan to 20000 yuan on the guarantor. If the guarantor colludes with the guarantor to help the guarantor escape and refuses to provide the judicial organ with the known hiding place, which constitutes a crime, the guarantor shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. Whether the guarantor who has been released on bail pending trial has fulfilled his guarantee obligations is decided by the public security organ, and the decision on the fine of the guarantor is also made by the public security organ.

(three) the obligations of the person who has been released on bail pending trial

(Article 56 of the Criminal Procedure Law stipulates the obligations that criminal suspects and defendants who have been released on bail pending trial shall abide by, including the following contents:

1. Do not leave the city or county where you live without the approval of the executive organ. A criminal suspect or defendant who has been released on bail pending trial may not leave the city or county where he lives without justifiable reasons. If there is a justifiable reason to leave the city or county where you live, it must be approved by the executing organ. If the people's procuratorate or the people's court decides to obtain a guarantor pending trial, the executing organ shall obtain the consent of the decision-making organ before approving the criminal suspect or defendant to leave the city or county where they live.

2. Attend the arraignment in time. Bail pending trial is only a means, and bail pending trial is the purpose. Therefore, the criminal suspects and defendants who have obtained bail pending trial have the obligation to arrive at the case in time after receiving the summons.

Don't interfere with the witness's testimony in any form.

4. Do not destroy, forge evidence or collude.

When executing bail pending trial, the executing organ shall inform the bailed person that he must abide by the above provisions and the consequences that he should bear if he violates the provisions or commits another crime during the bail pending trial.

If a criminal suspect or defendant who has been released on bail pending trial has already paid the deposit in violation of regulations, the deposit shall be confiscated. According to different circumstances, the criminal suspect or defendant may also be ordered to make a statement of repentance, pay a new deposit, put forward a guarantor, monitor residence or arrest.

(4) procedures for obtaining a guarantor pending trial

Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. Criminal suspects, defendants and their legal representatives, close relatives and lawyers in custody shall apply for bail pending trial in written form, and the organ with the right to decide shall give a reply on whether or not to agree within 7 days after receiving the written application. If the public security and judicial organs meet the conditions for obtaining a guarantor pending trial and have put forward a guarantor or can pay a deposit, they shall agree to go through the formalities for obtaining a guarantor pending trial according to law. Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement.

The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than 12 months.

Introduction: Bail refers to the system of releasing an arrested person on the condition that the arrested person provides a guarantee or accepts certain conditions. In the Anglo-American legal system, the bail system has been developed, the legislation tends to be perfect, and the judicial practice experience is also rich. China's bail pending trial system is similar to it in some aspects, but its essence is different, the actual application ratio is not high and its function is limited. However, some prominent problems in the judicial field, such as high detention rate, long-term detention and extended detention, have greatly hindered the democratization of criminal proceedings in China and seriously violated citizens' personal freedom. How can we not only ensure that criminal suspects and defendants are tried by the court, but also guarantee their due freedom rights? In order to find a solution, the judiciary turned its attention to the bail system abroad. The author thinks that what is most worth learning from the bail pending trial system is the concept of rights and its meticulous operating procedures, so this paper mainly introduces these aspects in order to learn from them.

First, the basic introduction of the bail system

(A) the meaning of bail

According to Longman Law Dictionary, bail refers to "the system of releasing the arrested person on the condition that the arrested person provides guarantee or accepts certain conditions". The bail system originated in Britain and was formed in the 3rd century. Pollock and Maitland believe that the bail system stems directly from actual needs, not from the love of abstract freedom. [1] After 500 years of slow development, 1826, the Criminal Justice Act promulgated by the United Kingdom fundamentally transformed the old bail system and made it a brand-new system. The concept of bail right began to appear and became a basic right of citizens. Article 1 of British Bail Act 1976 stipulates: (1) Bail may be granted during the proceedings in which a person is accused or declared guilty or related proceedings. (2) A criminal who has been arrested for a crime or is being issued with an arrest warrant may be granted bail [2]. The law tends to allow anyone who lives under surveillance to be released on bail. It is normal to grant bail, but there are very strict rules on not allowing bail.

(2) The general procedure of bail.

Britain and the United States require that arrested suspects should be released on bail or detained by judges or police as soon as possible. Generally speaking, the procedure of bail pending trial is divided into four stages: application, trial, ruling and relief.

1, application.

This stage is generally at the end of each litigation stage, and the most common is that the criminal suspect is forced to arrive at the case after arriving at the case. However, because it is a right for Britain and the United States to grant bail to criminal suspects and defendants within a certain range, in most cases, defendants do not need to apply for bail themselves, but are approved by officials who have the right to decide bail ex officio. According to Article 27 of the British Criminal Justice and Public Order Act (1994), the police can attach any conditions they think fit to the defendant's bail, but they require him to stay in a bail hotel.

2. Hearing and defense.

Hearing is not a necessary stage of bail procedure, because when the criminal suspect and defendant meet the conditions of bail, the judge can decide bail directly without hearing. The American Federal Bail Reform Act 1984 stipulates that the judge can only decide to detain the defendant after hearing. For violent crimes, major drug crimes and cases that may be sentenced to death or life imprisonment, prosecutors should apply and judicial personnel should hold hearings [3]. In other cases, judges can usually decide to hear cases ex officio. Bail procedure also highlights the principle of adversary system. When the prosecutor and the defense lawyer can't reach an agreement on whether to bail, the court will enter the complete defense mode. In the process of deciding whether to bail, the judge must listen to the defendant's defense and the arguments of both the prosecution and the defense in open court. All decisions to refuse bail are also made publicly. The court must record in detail the reasons for refusing bail or attaching bail conditions, and serve a copy of the record to the defendant as soon as possible. Generally speaking, bail decisions must be made with the participation of lawyers and prosecutors.

3. ruling.

Whether the judge agrees to bail or not, a formal ruling must be made, because this ruling will be the basis for the defendant to apply for relief. If the judge grants bail, the ruling must specify the conditions that the trustee should abide by and the punishment after violating the bail regulations; If the judge refuses to grant bail, he must clearly state the reasons for his refusal.

Step 4 get rid of it.

"No relief, no rights". British and American countries also have detailed provisions on bail relief. Scotland's "1995 Criminal Procedure Law" stipulates that the defendant who refuses to accept the bail decision can also seek relief by reviewing the appeal [4]. In addition, most countries in Britain and the United States have stipulated the procedures for applying for habeas corpus. Habeas Corpus [5] is a judicial order issued to detainees, whose function is to examine the legality of detention or imprisonment and correct illegal detention or imprisonment.

(3) the way of bail

In English law, bail can be divided into unconditional bail and conditional bail. Unconditional bail came into being before conditional bail and was widely used. Unconditional bail, release without asking for money or witness guarantee or other conditions. Compared with unconditional bail, Britain has set various conditions for conditional bail. Conditional bail is basically applicable to criminal suspects with serious criminal circumstances. The most common applicable conditions include living at a designated address, not contacting with designated personnel, not going to a specific place, imposing a curfew, calling the police at a specific time, and under certain restrictions, the court may require a deposit to ensure the defendant to appear in court on time. Others include time limit, surrender of passport, electronic technology monitoring, etc. [6]

(four) the operation guarantee of the bail system

In countries that have established bail system, the services provided by social organizations and institutions that support bail have created a good operating environment for the bail system. The National Probation Department in England and Wales plays an important role in providing expert advice and assisting the courts in making bail or imprisonment decisions for defendants. For example, the rights of a probationer in court include the right to provide bail information service, the right to use probation and bail hotels, the right to report the prisoner's situation to assist the court in sentencing decision, and the right to use community correction or put forward remand imprisonment. These rights play a unique role in the bail procedure. [7]

Bell Hotel 1972 was born in Britain. Its purpose is to provide a fixed place, strictly supervise the defendants and help them obey social correction. Gillian Hurst, a senior probation officer in Essex, England, said the court could order these defendants to stay in bail hotels. This person may not have a stable address, or he may be homeless or have no stable residence. The court is concerned about whether they will commit another crime while on bail. The person's habitual residence may not be suitable as a place to decide bail. For example, they may violate their parents or children. If the crime tried or punished is not supervised in society, it may indicate that the public is in danger, so it is necessary to designate him to live in a bail hotel, which is conducive to the supervision of bail bondholders [8].

Special bail support groups can understand the life background and psychological state of defendants and criminal suspects, help them restore their confidence in active life, explain the procedural significance of appearing in court and ensure their appearance in court. Britain also has a duty lawyer system. The lawyer on duty is on call, and the expenses are paid by the state, which can provide bail application service for criminal suspects in time.

Second, the theoretical basis of bail system

Any litigation system has its corresponding theoretical basis, and so does the bail system. The author believes that the theoretical basis of the bail system prevailing in Britain and the United States is as follows:

(A) the concept of freedom

Freedom is one of the core contents of human rights, and Spinoza thinks that "freedom is more precious than anything". [9] The right to personal freedom is one of the basic human rights of citizens after the right to life and health, and it is an important basis and guarantee for citizens to exercise other rights, so it should be protected as much as possible rather than deprived. In criminal proceedings, it is particularly important to emphasize the protection of the defendant's legal freedom rights. The author believes that the bail system of restoring the defendant's pre-trial freedom largely reflects the satisfaction of this requirement. If not being detained for non-statutory reasons before trial in the bail system is the negative freedom enjoyed by the participants in the proceedings, then the right to apply for bail, the right to review bail requests and the right to appeal at all stages of the proceedings are the embodiment of the participants' right to exercise positive freedom. In the bail system, bail pending trial is the norm, detention is the exception, and personal freedom cannot be sacrificed unless absolutely necessary. In criminal proceedings, it is undoubtedly a paradox if the defendant's subjective position and various litigation rights are publicized with great fanfare, while depriving the defendant of his personal freedom is a common phenomenon and pretrial detention is the norm.

(2) Presumption of innocence

Presumption of innocence means that anyone should be regarded as innocent in law until he is finally confirmed guilty through legal judicial procedures. Beccaria said, "A person can't be called a criminal until the judge decides." [1 1] "As long as it can't be concluded that he violated the contract that gave him public protection, society can't cancel his public protection", [12] "If the charges are uncertain, an innocent person should not be tortured, because according to the law, his crimes have not been proved". [ 13]

Since those criminal suspects awaiting trial are legally considered innocent, it is necessary to imprison or detain those who are legally innocent. Since the trial result is innocent before it is announced, detention is contradictory to it unless it is absolutely necessary. It can be seen that the bail system ensures the realization of the principle of presumption of innocence in criminal proceedings, which provides the necessary theoretical premise for the further establishment and development of the pre-trial bail system.

(3) Balance between prosecution and defense

The state holds sufficient judicial resources, and state organs can take a series of measures and means to discover, prove and punish crimes, so as to realize the state's punishment right and safeguard the overall interests of society. But power is perishable, expansive and destructive. Montesquieu said that "all people with power are easy to abuse their power". [14] Westerners never believe in state power, and think that there is a crisis of infringing individual rights lurking in state power. In order to eliminate this crisis, we must emphasize the balance between individual litigation ability and national coercive power, and use rights to restrict power. In the pre-trial procedure, once the arrested person is suspected of being guilty and his personal freedom is restricted, he is faced with a powerful state machine, and the state has sufficient manpower, material resources and financial resources to collect and collect evidence of his guilt. The arrested person is at an obvious disadvantage, and it is much more difficult for him to defend and prove his innocence than for the judicial organs to prove his guilt. It's not fair. Just like boxing, it's not a heavyweight at all. Two players can't compete.

The balance between prosecution and defense is an effective way to correct the congenital imbalance of power (interests). The establishment of mutual checks and balances of criminal procedural rights (interests) not only meets the requirements of criminal substantive law, but also reflects the inherent needs of criminal procedural justice. In judicial theory, "regular triangle structure has the function of ensuring judicial justice, and relying on the function of litigation itself and giving full play to its restrictive role can make judicial justice and enhance people's trust" [15]. The author thinks that the operation of bail system embodies this principle, firstly, the principle of judge's discretion, and secondly, bail can bring obvious benefits to the defendant.

Bail procedure basically follows the principle of judge's discretion. The litigation system in common law countries mostly follows the principle of judge's discretion. Because it is necessary to restrict the exercise of the compulsory punishment power of the examining and prosecuting organs, and it cannot hinder their enthusiasm and initiative in prosecuting crimes, it can not only ensure the accuracy of investigating crimes, but also ensure that criminal suspects can get timely and effective procedural relief when they are illegally violated by extended detention, so that the whole procedure can be justified. Only judges can be competent for such an important task, and only neutral judicial organs can play such a role. The judge's detachment and neutrality have independent intrinsic value, which makes both the prosecution and the defense equally, thus making the judgment result more easily respected and trusted by both sides. In some common law countries, the power to decide bail is given not only to judges, but also to the police as investigation organs. Under certain circumstances, there are a large number of police bail in Britain, but this is mainly to improve judicial efficiency and does not violate the principle of judge's discretion, because people who are dissatisfied with the police decision can seek relief from the judge, and the final decision on bail remains with the judge.

The right to bail embodies the concept of equal rights and the balance between prosecution and defense. It is given to ensure that a certain concept of fairness and natural justice is not affected by special circumstances, and it is a manifestation of the improvement of the criminal suspect's litigation status. Giving the criminal suspect and defendant the right to release before trial is obvious to his interests: (1) Not everyone who is detained before trial is punished by detention. According to the data released by the United States in 2000, 47% of the detainees were sentenced to imprisonment, about 27% were acquitted or the case was closed, and the rest were given non-imprisonment punishment. In many cases, detention is unnecessary; [16](2) It can be manifested as a positive impact on the judicial process. Defendants released on bail and awaiting trial do not need to be detained, which is convenient for defendants to find witnesses and new evidence, and has more opportunities to discuss with lawyers and prepare their defense, and does not hinder criminal proceedings.

(4) Litigation interests

"Without justifiable reasons, people can't increase the economic consumption of the program in the process of operation. Other things being equal, anyone who cares about public welfare has reason to choose a scheme with lower economic consumption. " [17] Bail embodies this principle. First of all, if the state organ exercising the right of prosecution tends to detain the defendant in the process of prosecution, it will require a lot of manpower and material resources, which will inevitably lead to a shortage of judicial resources. The wide application of bail system can greatly reduce the pressure of detention places and reduce the cost of detaining criminal suspects and defendants. Specialized state organs can devote more manpower, material resources and energy to other links of criminal procuratorial activities, so as to rationally allocate judicial resources. Secondly, it is up to the judge to decide whether or not to get bail pending trial and when to cancel bail pending trial, which can ensure objectivity and justice and reduce the chances of retrial or criminal compensation caused by indulging in crimes and misjudging innocence, which is also the performance of litigation benefits. Thirdly, according to the provisions of the Bail Law, the police must collect evidence during bail before making charges, otherwise they can only release the suspects. In order to combat crime, the police must speed up their work and improve their work efficiency, which is of great significance to criminal proceedings. Beccaria said: "The faster and more timely the punishment for crimes is, the fairer and more beneficial it will be. It is fair because it reduces the useless and cruel torture that uncertainty brings to prisoners. " [ 18]

Conclusion:

There are many differences between the bail system and China's bail pending trial system in nature, operating procedures, security methods, post-bail monitoring measures, the role played by decision-making organs and even lawyers. The author thinks that the bail system in Britain and the United States is much more advanced than that in China, and there are great differences between them from the perspective of concept and system norms, and the so-called differences reflect the shortcomings of the bail system. Therefore, it is the most direct, feasible, simple and effective way to reform the bail system by learning from foreign bail system models and establishing a bail system with China characteristics.