I. Procedures for obtaining criminal bail pending trial
1. Criminal suspects, defendants and their legal representatives, close relatives or defenders apply to the people's courts, people's procuratorates or public security organs for obtaining a guarantor pending trial; Two, the people's court, the people's Procuratorate and the public security organ shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement. Three, the people's court, the people's Procuratorate and the public security organ decided to bail the criminal suspect or defendant, and shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit; 4. The criminal suspect or defendant puts forward a guarantor or pays a deposit; Five, by the public security organs to implement bail pending trial.
The second is whether you can go to work in other places after being released on bail.
You can go to work in other places on bail pending trial, but it must be approved by the executing organ.
You shall not leave the city or county where you live without the approval of the executive organ. If the address, work unit and contact information change, it shall report to the executing organ within 24 hours, and ensure that the case is stated in time when the case is submitted for trial. Bail pending trial generally means bail. Bail pending trial is a compulsory measure stipulated in China's criminal procedure law. It refers to a compulsory measure that the public security organs, people's procuratorates, people's courts and other judicial organs order criminal suspects and defendants who are not arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a letter of guarantee to ensure that they can be used at any time to prevent them from evading investigation, prosecution and trial, and not to detain them or temporarily release them.
Applicants on bail, criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for compulsory measures to change the qualifications of applicants on bail. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement. This is an authorized provision and an exclusive provision, which gives the detained criminal suspects, defendants and their legal representatives, close relatives and defenders the subject qualification to apply for bail pending trial. A criminal suspect or defendant who has been arrested or detained cannot close the case within the statutory time limit of investigation and detention, examination and prosecution, first instance and second instance, and adopts the method of obtaining bail pending trial, which is not harmful to society.
3. What is the procedure for the Public Security Bureau to obtain bail pending trial?
1, apply for bail pending trial. Criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures, that is, to obtain 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. There are three decision-making organs, namely public security organs, people's procuratorates and people's courts. After receiving the application for bail pending trial, it shall make a reply on whether to agree or not within 7 days. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement. In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial.
3. Execute bail pending trial. The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 7 1 during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
legal ground
Article 97 of the Criminal Procedure Law
Criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.