1. Can I go home on bail pending trial?
During the period of bail pending trial, he may return to his hometown with the approval of the local executive organ; You can't go home without permission.
Criminal procedure law
Article 69 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.
2. What are the procedures for applying for bail pending trial?
(1) application
This stage is generally at the end of each litigation stage, and the most common is that the criminal suspect is forced to arrive at the case after arriving at the case. However, because it is a right for Britain and the United States to grant bail to criminal suspects and defendants within a certain range, in most cases, defendants do not need to apply for bail themselves, but are approved by officials who have the right to decide bail ex officio. According to Article 27 of the British Criminal Justice and Public Order Act, the police can attach any conditions they think fit to the defendant's bail, but they require him to stay in a bail hotel.
(2) Hearing and defense
Hearing is not a necessary stage of bail procedure, because when the criminal suspect and defendant meet the conditions of bail, the judge can decide bail directly without hearing. In other cases, judges can usually decide to hear cases ex officio. Bail procedure also highlights the principle of adversary system. When the prosecutor and the defense lawyer can't reach an agreement on whether to bail, the court will enter the complete defense mode. In the process of deciding whether to bail, the judge must listen to the defendant's defense and the arguments of both the prosecution and the defense in open court. All decisions to refuse bail are also made in public. The court must record in detail the reasons for refusing bail or attaching bail conditions, and serve a copy of the record to the defendant as soon as possible. Generally speaking, bail decisions must be made with the participation of lawyers and prosecutors.
(3) Ruling
Whether the judge agrees to bail or not, a formal ruling must be made, because this ruling will be the basis for the defendant to apply for relief. If the judge grants bail, the ruling must specify the conditions that the trustee should abide by and the punishment after violating the bail regulations; If the judge refuses to grant bail, he must clearly state the reasons for his refusal.
(4) Relief
"No relief, no rights". British and American countries also have detailed provisions on bail relief. The criminal procedure law of Scotland stipulates that the defendant who refuses to accept the bail decision can also seek relief through review and appeal. In addition, most of Britain and the United States stipulate the procedures for applying for habeas corpus, which is a judicial order issued to detainees, and its role is to review the legality of detention or imprisonment and correct illegal detention or imprisonment.
During the period of bail pending trial, the suspect must live in his own home every night and study public morality and law for more than 8 hours every month. Get a guarantor in a different place, and you can go home as long as the application is passed.