Bail pending trial requires family members to carry the following documents:
1, the identity certificate of the applicant;
2. If the applicant is a lawyer, a power of attorney shall be issued;
3. Apply for bail pending trial.
The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2, may be sentenced to more than fixed-term imprisonment, taking bail pending trial will not cause social danger;
3. Suffering from serious illness, unable to take care of themselves, pregnant or nursing a baby, and taking bail pending trial will not cause social danger;
4, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
To apply for bail pending trial, the criminal suspect, the defendant himself or his legal representative, close relatives, lawyers hired at the investigation stage or defenders entrusted after examination and prosecution shall submit a written application to the judicial organ, that is, fill out the application form for bail pending trial. In the investigation stage, apply to the investigation organ; In the stage of examination and prosecution, apply to the procuratorial organ; At the trial stage, apply to the people's court.
Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be made in writing. The application for bail pending trial shall be made in writing.
How to get to the bail pending trial procedure?
1. Apply for bail pending trial.
Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be made in writing.
2. The decision to obtain bail pending trial.
The public security organ, the people's procuratorate and the people's court shall, within 3 days after receiving the application for bail pending trial, make a reply on whether or not to agree.
3. Execute bail pending trial. The executing organ of bail pending trial is the public security organ.
To sum up, families who have been released on bail pending trial can apply for bail pending trial. If a criminal suspect meets the conditions for obtaining a guarantor pending trial, his family members may apply for obtaining a guarantor pending trial, that is, the criminal suspect may be sentenced to public surveillance, criminal detention, fixed-term imprisonment or above, suffering from serious diseases, etc.
Legal basis:
Provisions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of National Security on Several Issues Concerning Bail Pending Trial.
Article 21
If the person released on bail pending trial did not violate the provisions of Article 56 of the Criminal Procedure Law and did not intentionally commit another crime during the period of release on bail pending trial, the executing organ at or above the county level shall make a decision to return the deposit, notify the bank to return the deposit in full, and notify the decision-making organ in writing.
The executing organ shall promptly announce the decision to refund the deposit to the person who has been released on bail pending trial, and notify him in writing to collect the refunded deposit from the bank.
Criminal Procedure Law of the People's Republic of China
Article 67
The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
Article 68 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.