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How to cancel the bail pending trial in advance

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How to cancel the bail pending trial in advance


        

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  • 2024-06-05 22:01:40

    It can only be terminated by the People's Court, the People's Procuratorate and the public security organ. If the People's Court, the People's Procuratorate and the public security organ find that criminal responsibility should not be investigated, they shall promptly terminate the bail pending trial. In addition, if the People's Court, the People's Procuratorate and the public security organ find that the coercive measures taken against the criminal suspect or defendant are improper, they shall cancel or change them in a timely manner.

    [Legal Basis]

    According to Article 79 of the Criminal Procedure Law, the maximum length of time a people's court, people's procuratorate and public security organ obtains a guarantor pending trial for a criminal suspect or defendant shall not exceed 12 months, and the maximum length of time for residential surveillance shall not exceed six months.

    During the period of obtaining a guarantor pending trial and residential surveillance, the investigation, prosecution and trial of the case may not be interrupted. If it is found that criminal responsibility should not be investigated or the period of obtaining a guarantor pending trial or residential surveillance has expired, the guarantor pending trial or residential surveillance shall be terminated in a timely manner. The person who has obtained a guarantor pending trial or has been placed under residential surveillance and the relevant units shall be notified in time of the termination of the guarantor pending trial or residential surveillance.

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