According to the law, criminal suspects, defendants and their legal representatives, close relatives or lawyers and other defenders have the right to apply for bail pending trial; As a defender, a lawyer can know the specific situation of the case by meeting with the criminal suspect and the defendant. Therefore, when lawyers apply for bail pending trial for criminal suspects and defendants, they can put forward reasons for bail pending trial according to specific circumstances, so as to increase the possibility of obtaining approval for bail pending trial.
The process of obtaining bail pending trial is as follows:
1, the suspect was summoned to the public security organ for questioning according to law;
2, the public security organs according to the criminal suspect's confession, evidence, etc. , to determine whether it is necessary to take compulsory measures;
3. If the public security organ considers it necessary to take compulsory measures, it may take measures such as detention and arrest, or take measures such as obtaining a bail pending trial;
4. If measures are taken to obtain a guarantor pending trial, the criminal suspect needs to provide a guarantor and sign the guarantor pending trial;
5. The criminal suspect needs to report the case to the public security organ on time and cooperate with the case investigation;
6. After investigating the case clearly, the public security organ decides whether to transfer it to the procuratorial organ for review and prosecution according to the situation.
The circumstances of obtaining bail pending trial include but are not limited to the following circumstances:
1. For some minor criminal suspects or first-time offenders, the public security organ or the people's court may take bail pending trial measures to ensure the smooth trial of the case;
2. For some criminal suspects and defendants, if their physical condition is not suitable for detention or trial, the public security organ or the people's court may take measures to obtain bail pending trial to ensure their health and the smooth trial of the case;
3, for some criminal suspects or defendants, if their family, work, study and other reasons need to temporarily return to society, the public security organ or the people's court can take bail measures to ensure their normal life and the smooth trial of the case.
To sum up, it is suggested that the parties should choose qualified and experienced lawyers to represent them when applying for bail pending trial, so as to better safeguard their rights and interests.
Legal basis:
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC)
The way of defense and the scope of defense. In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.