Industry Hot Spots | The Supreme People's Court and the Supreme People's Court and the Ministry of Justice jointly issued new regulations on release on bail pending further investigation

2022-10-31

Release on guarantee pending further investigation is an important non-custodial compulsory measure in criminal proceedings, and the lawful and standardized application of release on guarantee pending further investigation is of great significance for respecting and protecting human rights, conserving judicial resources, and ensuring the smooth progress of criminal proceedings. With the continuous progress of China's economic and social development and the construction of the rule of law, and the gradual relaxation of the criminal structure and criminal punishment structure, in order to implement Xi Jinping Thought on the Rule of Law, adapt to the needs of the people in the new era, and fully embody the criminal justice policy of blending leniency and severity and the criminal justice policy of fewer arrests, careful prosecution and careful detention, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of State Security, on the basis of full investigation, have carefully sorted out and deeply analyzed the problems that urgently need to be solved in the practice of release on bail pending trial, and have repeatedly researched, demonstrated, and revised them. The Provisions on Several Issues Concerning Release on Bail Pending Trial, issued in 1999, were revised and officially released on September 21, 2022.

The "Provisions" consist of six chapters and 40 articles, which provide for the general provisions, decisions, enforcement, modifications, rescissions, and responsibilities for release on guarantee pending further investigation. Among them, the following changes have been made in particular:

First, it further clarifies the scope of application of release on bail pending further investigation. With regard to the subjects of release on guarantee pending further investigation, the Provisions make it clear that release on guarantee pending further investigation shall be applied in accordance with the law for criminal suspects whose release on guarantee pending further investigation is sufficient to prevent the occurrence of danger to society. With regard to the conditions for the application of release on guarantee pending further investigation, it is clarified that the terms "serious illness" and "inability to take care of oneself" in article 67 of the Criminal Procedure Law shall be implemented with reference to the relevant normative documents issued by the Supreme People's Court and other departments.

The second is to further strengthen supervision of the enforcement of persons released on guarantee. In order to further clarify the scope of activities of the bailed person, the Provisions refine the scope of "specific places", "specific persons" and "specific activities" in Article 71 of the Criminal Procedure Law, so as to facilitate practical operation. For those who are released on guarantee pending further investigation in other places, the Provisions stipulate the time limit for the person released on guarantee to report to the enforcement organ, and clarify the consequences and measures to deal with the failure to report within the prescribed time limit, so as to ensure the effective enforcement of release on guarantee pending further investigation in another place. Where a person released on guarantee applies to leave their place of residence, the relevant requirements, approval procedures, and provisions that shall be complied with are further refined. At the same time, in order to increase the punishment of violations by persons released on guarantee, the Provisions also further clarify the conditions and procedures for measures such as confiscation of security deposits, fines and arrests of guarantors, so as to ensure the implementation of the relevant provisions on release on guarantee pending further investigation.

The third is to solve the specific problems encountered in the enforcement of release on guarantee pending further investigation. In response to the common problem that criminal suspects and defendants do not have a habitual place of residence and are not in the place of household registration all year round, the "Provisions" make it clear that if certain conditions are met, release on guarantee may be enforced at the temporary residence of the person released on guarantee. In response to the issue of how to deal with the change of residence of a person released on guarantee, the "Provisions" require that the public security organ that decides to release on guarantee pending further investigation shall re-determine the police station of the changed place of residence of the person released on guarantee for enforcement, and the original enforcement organ shall carry out a work handover with the changed enforcement organ. In addition, in order to facilitate the return of the deposit of the person released on guarantee, the "Provisions" provide that upon the written application issued by the person, the public security organ may notify the bank in writing to transfer the deposit to be refunded.

Fourth, further standardize the connection of work on release on guarantee pending further investigation. In order to smooth the decision of the procuratorial organ to release on guarantee pending further investigation, the "Provisions" specify that if the people's court or people's procuratorate decides to release on guarantee pending further investigation, the relevant legal documents and other materials shall be sent to the public security organ at the same level where it is located, and the public security organ at the same level shall deliver it for enforcement in accordance with provisions. At the same time, the "Provisions" require that if a person released on guarantee needs to be arrested in violation of the provisions, he shall request the people's procuratorate or people's court to make an arrest decision in accordance with the law, and the public security organ at the same level where he is located shall enforce it. In addition, the Provisions further regulate the connection between release on bail pending further investigation and other compulsory measures, judgments, decisions, etc.

In the next step, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of State Security will guide local people's courts, people's procuratorates, public security organs, and state security organs at all levels to strictly implement the Criminal Procedure Law, the Provisions on Several Issues Concerning Release on Guarantee Pending Trial, and other relevant provisions, further standardize the application of release on guarantee pending further investigation, thoroughly implement the criminal justice policy of blending leniency and severity and the criminal justice policy of fewer arrests, careful prosecution and careful detention, and fully protect the lawful rights and interests of citizens while ensuring the smooth progress of criminal litigation activities.

Gongtong Zi [2022] No. 25

Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security

Ministry of State Security

Notice on the issuance of the "Provisions on Several Issues Concerning Release on Guarantee Pending Investigation".

To the High People's Courts, People's Procuratorates, Public Security Departments (Bureaus), and State Security Departments (Bureaus) of all provinces, autonomous regions, and directly governed municipalities, the Xinjiang Uygur Autonomous Region High People's Court Production and Construction Corps Branch, and the Xinjiang Production and Construction Corps People's Procuratorates, Public Security Bureaus, and State Security Bureaus:

In order to further standardize the bail pending trial system, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of State Security revised the Provisions on Several Issues Concerning Release on Bail Pending Trial issued in 1999 in accordance with the relevant provisions of the Criminal Procedure Law of the People's Republic of China. It is hereby issued to you, and you are requested to conscientiously implement it in light of local conditions.

Problems encountered in enforcement in each region should be reported to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of State Security.

Supreme People's Court, Supreme People's Procuratorate

Ministry of Public Security, Ministry of State Security

September 5, 2022

Provisions on Several Issues Concerning Release on Guarantee Pending Trial

Chapter I: General Provisions

Article 1: These Provisions are formulated on the basis of the "Criminal Procedure Law of the People's Republic of China" and relevant provisions, so as to standardize the application of bail pending trial, to implement the criminal justice policy of fewer arrests, careful prosecution and careful detention, to ensure the smooth progress of criminal procedural activities, and to protect citizens' lawful rights and interests.

Article 2: Where a criminal suspect or defendant is released on guarantee pending further investigation, the public security organs, state security organs, people's procuratorates, and people's courts are to make a decision in accordance with law on the basis of the specific circumstances of the case.

Where public security organs, people's procuratorates, or people's courts decide to release on guarantee pending further investigation, the public security organs are to enforce it. Where the state security organs decide to release on guarantee pending further investigation, or where the people's procuratorates or people's courts decide to release on guarantee pending further investigation in handling criminal cases transferred by the state security organs, the state security organs are to enforce it.

Article 3: Release on guarantee pending further investigation shall be applied in accordance with law for criminal suspects whose release on guarantee is sufficient to prevent the occurrence of danger to society.

Where a decision is made to release on guarantee pending further investigation, the investigation, prosecution, and trial of the case must not be interrupted. It is strictly forbidden to use release on bail pending trial to indulge in crime in disguise.

Article 4: Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, they shall be ordered to provide a guarantor or pay a guarantee deposit.

Where a decision is made to release the same criminal suspect or defendant on guarantee pending further investigation, the guarantor guarantee and the guarantee deposit must not be used at the same time. Where minors are released on guarantee pending further investigation, the guarantor's guarantee shall be applied first.

Article 5: Where a person is released on guarantee pending further investigation in the form of a guarantee deposit, the starting amount of the guarantee deposit is 1,000 yuan; Where the person released on guarantee pending further investigation is a minor, the minimum amount of the guarantee deposit is 500 RMB.

The decision-making organ shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that might be given, and the economic status of the person released on guarantee, to determine the amount of the guarantee deposit.

Article 6: Where the requirements for release on guarantee pending further investigation are met, but the criminal suspect or defendant is unable to provide a guarantor or pay a guarantee deposit, residential surveillance may be met.

Where the persons under residential surveillance provided for in the preceding paragraph provide for a guarantor or pay a guarantee deposit, they may be changed to release on guarantee pending further investigation.

Chapter II: Decisions

Article 7: When a decision is made to release on guarantee pending further investigation, the person released on guarantee may be ordered not to enter the following "specific venues" based on the circumstances of the case:

(1) Venues that might lead them to commit another crime;

(2) Venues that might lead them to carry out conduct that impedes social order or interferes with the normal activities of others;

(3) Venues related to the criminal activities they are suspected of;

(4) Venues that might lead them to obstruct litigation activities such as destroying evidence or interfering with witnesses' testimony;

(5) Other specific venues that might obstruct the enforcement of release on guarantee pending further investigation.

Article 8: When a decision is made to release on guarantee pending further investigation, it may be ordered based on the circumstances of the case that the person released on guarantee must not meet or communicate with the following "specified persons":

(1) Witnesses, evaluators, victims, their legally-designated representatives, and close relatives;

(2) The offender, criminal suspect, defendant, and other persons related to the case in the same case;

(3) Persons who might be harmed or harassed by persons released on guarantee;

(4) Persons who might obstruct the enforcement of release on guarantee pending further investigation or impact litigation activities.

"Communication" as used in the preceding paragraph includes direct or indirect communication through various methods such as letters, text messages, e-mails, phone calls, and the exchange of information through online platforms or network application services.

Article 9: When a decision is made to release on guarantee pending further investigation, the person released on guarantee may be ordered not to engage in the following "specified activities" based on the circumstances of the case:

(1) Activities that may lead to the commission of another crime;

(2) Activities that might have a negative impact on national security, public safety, or social order;

(3) Activities related to the suspected crime;

(4) Activities that might obstruct litigation;

(5) Other specific activities that might obstruct the enforcement of release on guarantee pending further investigation.

Article 10: Public security organs shall set up a special account for guarantee deposits in the banks they designate, entrust the banks to collect and keep the guarantee deposits on their behalf, and notify the people's procuratorate and people's court at the same level of the relevant information.

The deposit shall be paid in RMB.

Article 11: Where a public security organ decides to use a guarantee deposit, it shall promptly send a notice of receipt of a guarantee deposit to the person released on guarantee, and order him to pay a lump sum of the guarantee deposit to the designated bank within three days.

Article 12: Where people's courts or people's procuratorates decide to use a guarantee deposit, they shall order the person released on guarantee to pay a one-time guarantee deposit to a special bank account designated by the public security organs within 3 days.

Article 13: The person released on guarantee pending further investigation or the person providing the guarantee deposit shall deposit the deposit into a special account for the guarantee deposit for release on guarantee pending further investigation, and the bank shall issue relevant vouchers.

Chapter III: Enforcement

Article 14: Where the public security organs decide to release on guarantee pending further investigation, after verifying that the person released on guarantee has already paid a guarantee deposit, they shall send the written decision to release on guarantee pending further investigation, the notice of enforcement of release on guarantee pending further investigation, and other relevant materials for enforcement.

Article 15: Where public security organs decide to release on guarantee pending further investigation, they shall promptly notify the police substation for the residence of the person released on guarantee for enforcement. Where the person released on guarantee resides in a different area, the public security organ for the place of residence shall be promptly notified, and the police substation for the place of residence designated for enforcement is to be carried out. When necessary, the case-handling department may assist in enforcement.

Where the residence of a person released on guarantee is changed, the police substation enforcing the release on guarantee shall promptly notify the public security organ that made the decision to release on guarantee, and the police substation for the changed place of residence of the person released on guarantee is to enforce it. Where the changed place of residence is in a different area, the public security organ that makes the decision to release on guarantee pending further investigation shall notify the local public security organ, and the police substation that designates the residence of the person released on guarantee for further investigation is to enforce it. The original enforcement organ shall carry out a work handover with the changed enforcement organ.

Article 16: The place of residence includes the place of household registration and the place of habitual residence. Habitual residence refers to the place where the person released on guarantee left the place of household registration and last lived continuously for more than one year.

Release on guarantee pending further investigation shall generally be enforced at the place of household registration, but where a habitual residence has already been formed, it may be enforced at the habitual residence.

In any of the following circumstances, a person released on guarantee may also be released on guarantee at their temporary residence:

(1) The person released on guarantee has been absent from the place of household registration for more than one year and has no habitual residence, but has a fixed residence in the place of temporary residence;

(2) The person released on bail pending trial is a foreigner, a stateless person, or a resident of the Hong Kong S.A.R., Macau S.A.R., or Taiwan region;

(3) The place of household registration of the person released on guarantee cannot be ascertained and there is no habitual residence.

Article 17: Where release on guarantee pending further investigation is enforced locally, the public security organ that decides to release on guarantee pending further investigation shall send the legal documents and relevant materials to the police substation responsible for enforcement.

Where release on guarantee pending further investigation is enforced in a different location, the public security organ that made the decision to release on guarantee pending further investigation shall send the legal documents and relevant materials containing information such as the reporting period and contact information of the person released on guarantee to the enforcement organ, and the methods of service include direct service, entrusted service, mail service, and so forth, and the enforcement organ shall promptly issue a receipt. The person released on guarantee shall report to the enforcement organ within 5 days of receiving the written decision on release on guarantee. The enforcement organ shall give feedback to the decision-making organ within 3 days of the person released on guarantee reporting for work.

Where the person released on guarantee fails to report to the police substation responsible for enforcement within the prescribed time period, and there is no legitimate reason, the enforcement organ shall notify the decision-making organ, and the decision-making organ shall lawfully summon the person released on guarantee, and where the person released on guarantee does not appear in the case, it is to be handled in accordance with the law and the relevant provisions of Chapter V of these Provisions.

Article 18: When enforcing release on guarantee pending further investigation, the enforcement organ shall inform the person released on guarantee that they must comply with the provisions of article 71 of the Criminal Procedure Law, as well as the legal consequences of violating the provisions or committing another crime during the period of release on guarantee.

Where the guarantor makes a guarantee, the guarantor shall be informed of the guarantee obligations that must be performed and the legal consequences of failure to perform the obligations, and shall issue a letter of guarantee.

The enforcement organs shall supervise and inspect the circumstances of the person released on guarantee pending further investigation in accordance with law, promptly grasp the changes in their address, work unit, and contact information, and prevent and stop them from carrying out conduct that violates the provisions.

Persons released on guarantee pending further investigation shall comply with the relevant provisions on release on guarantee, accept the supervision and management of the enforcement organs, and cooperate with the enforcement organs to periodically learn about the situation.

Article 19: Persons released on guarantee must not leave the city or county where they reside without approval.

Where a person released on guarantee needs to leave the city or county where they reside, they shall submit a written application to the police substation responsible for enforcement, and indicate the reason, destination, route, mode of transportation, date of return, contact information, and so forth. Where the person released on guarantee has urgent reasons and is too late to submit a written application, they may first submit an application by telephone, text message, or other means, and promptly complete the written application formalities.

Where, upon review, there are legitimate and reasonable reasons such as work, study, or medical treatment, the responsible person for the police substation is to approve it.

After approval by the police substation responsible for enforcement, it shall notify the decision-making organ and inform the person released on guarantee to comply with the following requirements:

(1) Keep contact information unblocked, and promptly appear in the case at the time of arraignment;

(2) Travel in strict accordance with the approved location, route, and round-trip date;

(3) They must not engage in activities that obstruct litigation;

(4) Promptly report to the enforcement organ after returning to their place of residence.

For those who need to regularly cross cities and counties for normal work and life, the approval procedures may be simplified according to the circumstances.

Article 20: Where people's courts and people's procuratorates decide to release on guarantee pending further investigation, they shall send the written decision on release on guarantee pending further investigation, the notice of enforcement of release on guarantee pending further investigation, and other relevant materials to the public security organ at the same level for the area where they are located, and the public security organ at the same level for the area is to transfer them for enforcement in accordance with the provisions of articles 15, 16, and 17 of these Provisions.

People's courts and people's procuratorates may use electronic means to send legal documents and relevant materials to the public security organs.

Within 24 hours of receiving the legal documents and relevant materials, the county-level public security organ responsible for enforcement shall designate the police substation for the residence of the person released on guarantee to enforce the law, and notify the people's court or people's procuratorate that made the decision to release on guarantee of the police station enforcing the release on guarantee.

Where the residence of the person released on guarantee is changed, the public security organ responsible for enforcement is to notify the public security organ for the changed place of residence to enforce it, and notify the people's court or people's procuratorate that made the decision to release on guarantee pending further investigation.

Where a people's court or people's procuratorate decides to release the person on guarantee pending further investigation, the enforcement organ shall obtain the consent of the decision-making organ before approving the person released on guarantee to leave the city or county where he or she resides.

Article 21: Where the public security organs or people's procuratorates that decide to release on guarantee pending further investigation have summoned the person released on guarantee, they shall draft a legal document and serve it on the person released on guarantee. Where the person released on guarantee who has been summoned is not present, it may also be collected by an adult relative living with him, and the person released on guarantee may be contacted to confirm and informed. Where it cannot be served or the person released on guarantee fails to accept the summons in accordance with provisions, it shall be noted in the legal documents and the enforcement organ shall be notified.

Where the situation is urgent, the public security organs or people's procuratorates that decide to release on guarantee pending further investigation may summon the person released on guarantee pending further investigation through telephone notification or other means, but this shall be noted in the legal documents and the enforcement organ shall be notified.

Where interrogations are made in other areas, the public security organs or people's procuratorates that have made the decision to release on guarantee pending further investigation may entrust the enforcement organ to serve it on their behalf, and the enforcement organ shall promptly give feedback to the decision-making organ after delivery. where service cannot be made, it shall be noted in the legal document and the decision-making organ shall be notified.

People's courts are to follow other relevant provisions in summoning defendants released on guarantee pending further investigation.

Article 22: Guarantors shall conduct oversight of the compliance of persons released on guarantee pending further investigation with the provisions on the administration of release on guarantee, and where it is discovered that the person being guaranteed has or might have violated the provisions of article 71 of the Criminal Procedure Law, they shall promptly report to the enforcement organs.

Where the guarantor is unwilling to continue the guarantee or loses the guarantee requirements, the guarantor or the person released on guarantee shall promptly report to the enforcement organ. The enforcement organ shall notify the decision-making organ within 3 days of discovering or being informed of the situation. The decision-making organ shall order the person released on guarantee to submit a new guarantor or pay a guarantee deposit, or modify the compulsory measures, and notify the enforcement organ.

Article 23: Where the enforcement organ discovers that the person released on guarantee has violated the provisions that should be complied with or that the guarantor has not performed the guarantee obligation, it shall promptly stop it, employ corresponding measures, and at the same time inform the decision-making organ.

Chapter IV: Modification and Cancellation

Article 24: At the completion of the period for release on guarantee pending further investigation, the decision-making organ shall make a decision to lift release on guarantee or modify compulsory measures, and send it to the enforcement organ. Where the decision-making organ does not lift release on guarantee or employs other criminal compulsory measures against the person released on guarantee, the person released on guarantee and their legally-designated representatives, close relatives, or defenders have the right to request that the decision-making organ lift the release on guarantee.

Where it is discovered that the person released on guarantee should not be pursued for criminal responsibility and a decision is made to withdraw the case or terminate the investigation, the decision-making organ shall promptly make a decision to lift the release on guarantee and send it to the enforcement organ.

In any of the following circumstances, release on guarantee pending further investigation is to be automatically lifted, and formalities for release are no longer to be handled, and the decision-making organ shall promptly notify the enforcement organ:

(1) Release on guarantee pending further investigation has been changed to residential surveillance, detention, or arrest in accordance with law, and the enforcement of the modified compulsory measures has already begun;

(2) The people's procuratorate makes a decision not to prosecute;

(3) The people's court's judgment or ruling of not guilty, waiving criminal punishment, or not bearing criminal responsibility has already taken legal effect;

(4) They have been sentenced to controlled release or a suspended sentence, and community corrections have already begun to be enforced;

(5) Where a separate supplementary sentence is given, and the judgment or ruling has already taken legal effect;

(6) They have been sentenced to imprisonment and the sentence has already been enforced.

After the enforcement organ receives the decision-making organ's above-mentioned decision or notice, it shall immediately enforce it and promptly notify the decision-making organ of the implementation.

Article 25: Where a person released on guarantee pending further investigation has not violated the provisions of Article 71 of the Criminal Procedure Law during the period of release on guarantee, nor has he intentionally committed a new crime, the public security organs shall notify the bank to return the guarantee deposit in full at the same time that the release on guarantee is lifted, the compulsory measures are modified, or the criminal punishment is enforced.

The person released on guarantee or their legally-designated representative may collect the returned guarantee deposit at the bank with the relevant legal documents. Where the person released on guarantee is unable to collect the returned guarantee deposit on his own, upon written application issued by the person himself and with the consent of the public security organ, the public security organ is to notify the bank in writing to transfer the returned guarantee deposit to the bank account provided by the person released on guarantee or the person entrusted by him.

Article 26: Where release on guarantee pending further investigation has already been adopted during the investigation or review for prosecution phase, and when the case is transferred to the review for prosecution or trial phase, where it is necessary to continue release on guarantee pending further investigation, change the guarantee method, or modify compulsory measures, the organ accepting the case shall make a decision within 7 days and notify the organ transferring the case and the enforcement organ.

After the organ accepting the case makes a decision on release on guarantee pending further investigation and implements it, the original release on guarantee measures are automatically lifted, and no further formalities are to be handled. For those who continue to take the margin guarantee, in principle, the amount of the margin will not be changed, and the deposit will not be re-collected. After enforcement of the modified compulsory measures by the organ accepting the case begins, the organ transferring the case and the enforcement organ shall be promptly notified, the original decision to release on guarantee pending further investigation shall be automatically lifted, and formalities for lifting the guarantee will not be completed, and the enforcement organ shall return the guarantee deposit in accordance with law.

Where the period for release on guarantee pending further investigation is about to expire, and the organ accepting the case has not yet made a decision to continue release on guarantee pending further investigation or to modify the compulsory measures, the organ transferring the case shall notify the organ accepting the case in writing 15 days before the time limit is completed. The organ accepting the case shall make a decision before the completion of the period for release on guarantee pending further investigation, and notify the organ transferring the case and the enforcement organ.

Chapter V: Responsibility

Article 27: Where a person released on guarantee pending further investigation violates article 71 of the Criminal Procedure Law and shall have the guarantee deposit confiscated in accordance with law, the public security organs are to make a decision to confiscate part or all of the guarantee deposit and notify the decision-making organ. People's procuratorates and people's courts shall inform the public security organs if they discover that a person released on guarantee has violated article 71 of the Criminal Procedure Law by using a guarantee deposit, and the public security organ is to handle it in accordance with law.

Where the guarantee deposit is confiscated from the person released on guarantee, the decision-making organ shall, depending on the circumstances, order the person released on guarantee to make a statement of remorse, re-pay the guarantee deposit, submit a guarantor, or modify the compulsory measures, and notify the enforcement organ.

Where the deposit is repaid, the provisions of Articles 11, 12 and 13 of these Provisions shall apply.

Article 28: Where a person released on bail awaiting trial constitutes an act in item 4 of Article 60 of the "People's Republic of China Law on Administrative Punishments for Public Security," he shall be given a public security administrative punishment in accordance with law.

Article 29: Where a person released on guarantee pending further investigation has not violated the provisions of article 71 of the Criminal Procedure Law, but is suspected of intentionally committing a new crime during the period of release on guarantee pending further investigation and is placed on file for investigation, the public security organs shall temporarily withhold the guarantee deposit and decide whether to confiscate the guarantee deposit after the people's court's judgment takes effect. Where a new crime is intentionally committed, the guarantee deposit shall be confiscated; Where a new crime is committed negligently or does not constitute a crime, the guarantee deposit shall be returned.

Article 30: Where public security organs decide to confiscate the guarantee deposit, they shall draft a written decision to confiscate the guarantee deposit and read it out to the person released on guarantee within 3 days, informing them that if they are not satisfied with the decision to confiscate the guarantee deposit, the person released on guarantee or their legally-designated representative may apply for reconsideration to the public security organ that made the confiscation decision within 5 days.

Where the person released on guarantee or their legally-designated representative is dissatisfied with the reconsideration decision, they may apply for a review to the public security organ at the level above within 5 days of receiving the reconsideration decision.

Article 31: Where the guarantor fails to perform supervision obligations, or where the person released on guarantee violates the provisions of article 71 of the Criminal Procedure Law, and the guarantor fails to report in a timely manner or conceals or fails to report, the public security organs are to impose a fine on the guarantor after verifying the facts, and promptly notify the decision-making organ of the relevant circumstances.

Where the guarantor assists the person released on guarantee to carry out conduct such as obstructing litigation, and a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 32: Where a public security organ decides to impose a fine on a guarantor, it shall draft a written decision to fine the guarantor, announce it to the guarantor within 3 days, and inform them that if they are not satisfied with the fine decision, they may apply for reconsideration to the public security organ that made the fine decision within 5 days.

If the guarantor is not satisfied with the reconsideration decision, he may apply for a review to the public security organ at the level above within 5 days of receiving the reconsideration decision.

Article 33: Where the time limit for reconsideration has expired for a decision to confiscate a guarantee deposit or a decision to impose a fine on a guarantor, or the original decision is upheld or the amount of the fine is changed after reconsideration or review, the public security organ that made the decision to confiscate the guarantee deposit or fine the guarantor shall promptly notify the designated bank to hand over the confiscated guarantee deposit or the guarantor's fine to the state treasury in accordance with the relevant provisions of the state, and shall notify the decision-making organ within three days.

If the guarantee deposit is the personal property of the person released on guarantee, and it is necessary to use it to make restitution to the victim, to perform the obligation to make compensation in attached civil cases, or to enforce a property penalty, the people's court may notify the public security organs in writing to hand over the entire guarantee deposit, and the people's court is to handle it, and the remaining portion is to be returned to the defendant.

Article 34: Where people's procuratorates or people's courts decide to release on guarantee pending further investigation, and the person released on guarantee violates the provisions on release on guarantee pending further investigation and needs to be arrested, they may first detain the person released on guarantee pending further investigation, and request that the people's procuratorate or people's court make an arrest decision in accordance with law. Where the people's court or people's procuratorate decides to arrest, the public security organ at the same level is to enforce it.

The collection, management, and confiscation of security deposits shall be carried out in strict accordance with these regulations and the state's financial and economic management system, and no unit or individual may collect, confiscate, or return security deposits without authorization, or may withhold, sit on, privately divide, embezzle, or embezzle security deposits in any other way. For those who violate the provisions, they shall be given administrative sanctions in accordance with the relevant laws and regulations; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Chapter VI: Supplementary Provisions

Article 36: The "Scope of Serious Illnesses on Medical Parole" attached to the "Provisions on Temporary Enforcement of Sentences Outside of Prison" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the National Health and Family Planning Commission are to be implemented with reference to the "Scope of Serious Illnesses on Medical Parole" attached to the "Provisions on Temporary Enforcement of Sentences Outside of Prison" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the National Health and Family Planning Commission, and the "Standards for Identifying Convicts' Inability to Take Care of Themselves" attached to the "Supreme People's Court's Notice on Printing and Distributing the 'Standards for Identifying Convicts' Inability to Take Care of Their Lives".

Article 37: Where state security organs decide to enforce release on guarantee pending further investigation, apply the provisions of these Provisions on the duties of public security organs.

Article 38: Where a people's court or people's procuratorate decides to release on guarantee pending further investigation, but there is no public security organ at the same level for the location, the provincial-level public security organs, together with the people's court or people's procuratorate at the same level, are to determine in accordance with these Provisions that the public security organ is responsible for enforcement or transfer for enforcement, and clarify mechanisms for connecting work.

Article 39: The enforcement organs as used in these Provisions refer to the public security organs and state security organs responsible for enforcing release on guarantee pending further investigation.

Article 40: These Provisions shall come into force on the date of their issuance.

Source: Supreme People's Procuratorate