Can I travel out of the province on bail pending trial?

During the period of bail pending trial, criminal suspects are generally not allowed to travel abroad except with the permission of the executing organ. The Criminal Procedure Law stipulates that a criminal suspect or defendant who has been released on bail pending trial shall not leave the city or county where he lives without the approval of the executing organ; If the address, work unit and contact information change, it shall report to the executing organ within twenty-four hours.

I. 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, taking bail pending trial will not cause social danger;

3, can suffer from serious illness, life can not take care of themselves, pregnant or breastfeeding babies, taking bail pending trial will not cause social danger.

Second, the specific process of bail pending trial

1, apply for bail 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. The application for bail pending trial shall be made in writing.

2. The decision to obtain bail pending trial.

The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial, and shall inform the applicant and explain the reasons for not agreeing. In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial.

3. Execute bail pending trial.

The public security organ shall execute and read the "Decision on Bail Pending Trial", order it to sign or seal it, and inform it of the regulations it should abide by during the period of bail pending trial. After the expiration of the time limit for obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant and notify the guarantor to cancel the guarantee.

4. Conditions for applying for bail pending trial

May be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;

May be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social danger;

It should be arrested according to law, but it is not appropriate to arrest women with serious diseases or pregnant women who are breastfeeding their babies;

After interrogation and examination, the criminal suspect detained according to law thinks it is necessary to arrest, but the evidence is insufficient;

The criminal suspect or defendant who has been arrested and detained cannot close the case within the statutory time limit of investigation and detention, examination and prosecution, first instance and second instance, and adopts the form of bail pending trial, which is not harmful to society;

A criminal suspect who holds a valid passport or other valid exit documents and may leave the country to evade investigation, but does not need to be arrested;

After submitting a request for approval of arrest, the procuratorial organ refuses to approve the arrest and needs reconsideration and review;

After the transfer of prosecution, the procuratorial organ decides not to prosecute and needs reconsideration and review; 、

5. Consequences of violation of the provisions on bail pending trial

If the deposit has been paid, the deposit shall be confiscated, and according to different circumstances, the criminal suspect and defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence, and be arrested.

Note: If the person released on bail commits a crime again during the period of release on bail:

(1) detain the deposit;

(2) If the crime is intentional, the deposit shall be confiscated; If the crime is negligent, the deposit will be refunded.

6. Time limit for obtaining bail pending trial

The longest period shall not exceed twelve months.

Whether the application for bail pending trial can be approved shall be decided by the person in charge of the public security organ, procuratorate and court. Therefore, the success rate of bail pending trial in China is not very high at present. Therefore, as a family member of a criminal suspect, it is best to hire an experienced lawyer for bail pending trial.

Bail pending trial is a compulsory method that public security organs, people's procuratorates and people's courts order criminal suspects and defendants to put forward guarantors or pay a deposit to ensure that criminal suspects and defendants do not evade or hinder investigation, prosecution and trial. If a criminal suspect or defendant violates the provisions on bail pending trial, it may constitute the conditions for applying arrest.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 67 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.

Article 68 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.

Article 69 A guarantor must meet the following conditions:

(1) is irrelevant to this case;

(2) Having the ability to perform the guarantee obligations;

(three) enjoy political rights and personal freedom is not restricted;

(4) Having a fixed residence and income.