The Research On The Application For Bail In Corruption And Bribery Crime Investigation

There was much application for bail in the practice of corruption and bribery crime investigation. It is closely related to the characteristics of such crime’s subject, intent and behavior. The necessity of such application reflects the idea of respect for the human rights, the criminal policy of tempering justice with mercy, the safeguard against the investigation and the saving to the judicial resources. However, in the legislation and practice, there exist some obstacles to apply for bail in the corruption and bribery crime investigation. First, as to the standard of the application, there are the issues that the substantive factors are more considered than the procedure’s own functions. Second, as to the process of the application, the neutral, participation and relief principle under due process cannot be satisfied by the way of administrative examination and approval. Third, as to the supervision of the implement, there are the issues of the weakness on the way to supervise and on the penalty to the breach of the bail’s obligation. Such problems need to solve from the aspect of legislation and mechanism. First, the standard of application should be set up with independence and privilege. Meanwhile, the procedural factors should be regarded as priority, and the standard of “danger to society” should be raised. Second, a unified decision authority of criminal coercive measures should be established. Moreover, the mechanism of the participation and relief for the bail’s decision should be improved. Third, the community chamber of the procuratorate could be considered as the supervision organization of the bail’s execution. Furthermore, the mechanism of the recognizance should be improved, and the violation of the bail’s obligations should be severely punished or even be regarded as a fresh crime.