A criminal suspect may hire a lawyer to provide legal advice and to represent him or her in a complaint or indictment after he or she is first questioned by the investigating authorities or after the date on which compulsory measures are taken. If the suspect is arrested, the lawyer can apply for bail pending trial. Article 67 of the Criminal Procedure Law allows the people's courts, people's procuratorates and public security organs to release on bail pending trial criminal suspects and defendants in one of the following circumstances: (1) where the sentence is likely to be one of control, criminal detention, or where an additional sentence is independently applicable; (2) where the sentence is likely to be one of fixed-term imprisonment or more, and the release on bail pending trial will not result in social danger; (3) where a woman suffers from a serious illness, is unable to take care of herself, is pregnant, or is breastfeeding her baby, the release on bail pending trial may be used as a measure to protect her. (c) Women who are seriously ill, unable to take care of themselves, or pregnant or breastfeeding their babies, and whose release on bail pending trial will not pose a social danger; (d) When the period of custody has expired and the case has not yet been concluded, and the release on bail pending trial is necessary. The public security authorities are responsible for enforcing the release on bail pending trial.
Legal Objective:Detaining on bail pending trial is a criminal coercive measure stipulated in the Criminal Procedure Law of the People's Republic of China. It refers to the public security organs, the people's procuratorate and the people's court and other judicial organs in the criminal proceedings on the criminal suspects and defendants who have not been arrested or need to change the coercive measures after arrest, in order to prevent them from evading investigation, prosecution and trial, and to order them to put forward a guarantor or pay a bond and issue a guarantee to ensure that with the summoning of a mandatory measure, not to be detained or temporarily released from their custody. It is enforced by the public security organs. Objectively speaking, after a criminal suspect is taken into custody, the most important act that should be considered and the most worthwhile to spend time and energy on is to take the bail and wait for trial on behalf of the criminal suspect. From the date of the suspect's first interrogation or the adoption of a coercive measure, the suspect or his/her close relatives can ask a law firm to assign a lawyer to obtain bail for the suspect in custody. First, the suspect or his/her close relatives or friends shall go through the procedure of entrustment with the law firm, and the law firm shall assign a lawyer to the suspect. Secondly, the suspect or his/her relatives or friends shall provide a guarantor or proof of willingness to post a bond. Third, if the lawyer believes that the suspect meets the conditions for release on bail pending trial based on the circumstances of the case as understood by the judicial authorities, the lawyer submits an application for release on bail pending trial to the relevant authorities and applies for release on bail pending trial for the suspect. A lawyer cannot apply for bail pending trial on behalf of a criminal suspect on his or her own without the authorization of the suspect or his or her close relatives. As a form of coercive measure, there must be a guarantor or a bond to ensure that the suspect is released on bail. If the lawyer himself for the suspect to apply for bail pending trial, as a bail pending trial of the guarantor or bond are not implemented, bail pending trial of this compulsory measures, therefore, the lawyer can not apply for bail pending trial for criminal suspects.