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Can Foreigners Who are Suspected of Criminal Offences in China apply for Bail Pending Trial? How to Get Bail Pending Trial?

2020/1/16

After breaking the criminal law in China, the suspects are controlled by the police. Usually the suspect and his relatives are very concerned about whether they can apply for bail pending trial, and how to deal with bail pending trial. Obtaining bail pending trial is a compulsory criminal measure in China. Only public security organs, people's procuratorates and people's courts have the right to take compulsory measures. No other organization, group or individual shall have the right to take compulsory criminal measure, which would otherwise constitute a violation of the rights of the person.

Whether and how to obtain bail pending trial are common problems in legal consultation. According to the Chinese Criminal Procedure Law, the bail pending trial can be applied as long as certain conditions are met. The statutory situation that can be released on bail is more complicated. It needs to combine the specific circumstances of the criminal suspect and the possible punishment, and meeting the conditions does not mean that it can be released on bail. It is up to people's courts, people's procuratorates and public security organs to decide whether it can be realized. Therefore, we suggest that the suspects and their relatives employ professional lawyers to handle it.

So how to get bail pending trial? The law stipulates, criminal suspect applies for to obtain bail awaiting trial must pay guaranty money or put forward guarantor. The guaranty money will be returned after the bail finished. The guarantor must meet the following conditions: (1) being not involved in the case; (2) having the ability to perform the obligation of guaranty; (3) to enjoy political rights and unrestricted personal freedom; (4) to have a fixed residence and income. After the criminal suspect is granted bail pending trial, he should also abide by the rules that he is not allowed to leave the city or county where he lives at will. Foreign criminal suspects may also be detained their passports.

Therefore, we suggest that foreigners suspected of violating the criminal law in China should employ Chinese lawyers to obtain bail pending trial, so as to protect the lawful rights and interests of foreign criminal suspects to the greatest extent.

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