Go through the formalities of bail pending trial
The procedures and prescribed procedures for obtaining bail pending trial are as follows:
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. The following materials are required to apply for bail pending trial: an application for bail pending trial; The identity certificate of the applicant; Pay a deposit or provide a guarantor; Where an entrusted agent applies, a power of attorney shall be issued.
2. The decision to obtain bail pending trial.
The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. 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, and shall inform the applicant and explain the reasons for not agreeing. 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 public security organ shall execute and read the "Decision on Bail Pending Trial", order it to sign or seal it, and inform it of the regulations it should abide by during the period of bail pending trial. After the expiration of the time limit for obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant and notify the guarantor to cancel the guarantee.
Bail pending trial procedure
The process of bail pending trial is generally as follows: 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. Secondly, the decision to get bail pending trial. The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. 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. Finally, the execution of 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 regulations 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.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 67 of the Criminal Procedure Law of People's Republic of China (PRC)
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.