After criminal detention, the best time to apply for bail pending trial is within one week, followed by two weeks, and the application should be made at least 30 days ago. They are usually arrested after 30 days. Of course, you can apply for bail pending trial in any litigation link after arrest, but the difficulty is relatively increased.
In the judicial practice of criminal proceedings, the best time for criminal cases to be released on bail pending trial is during the criminal detention of criminal suspects, which is known as the golden 37 days by criminal lawyers. This is because the maximum period of criminal detention is exactly 37 days. During detention, the public security organ must apply to the people's procuratorate for approval of arrest. Once the procuratorate approves the arrest within 37 days, it shows that both the public security organ and the procuratorate believe that the suspect is likely to be guilty.
In criminal cases, the procedural decisions made by the public prosecutor and the law have great influence on the progress of the case. If the public security organ accepts the criminal suspect's application and releases him on bail pending trial, it shows that the case has not caused serious criminal consequences or even constituted a criminal offence, and he may not be investigated for criminal responsibility. Therefore, criminal suspects and their families should try their best to get bail pending trial during criminal detention.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 71 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(2) Not meeting or communicating with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.
If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.