1. There is no need to hire a lawyer. Criminal suspects and defendants in custody, their legal representatives, and close relatives have the right to apply for release on bail pending trial. Therefore, it can be said that only lawyers can apply for bail pending trial. Criminal suspects, defendants, their legal representatives, and close relatives in custody all have the right to apply for bail pending trial. Therefore, it is up to you whether to hire an attorney.
2. Legal basis: "Criminal Procedure Law of the People's Republic of China".
Article 33: In addition to exercising the right to defend themselves, criminal suspects and defendants may entrust one or two people as defenders. The following people can be entrusted as defenders:
(1) Lawyers;
(2) People recommended by people’s organizations or the unit where the criminal suspect or defendant works;
< p>(3) Guardians, relatives and friends of criminal suspects and defendants.Persons who have been sentenced to a penalty or deprived or restricted of personal freedom in accordance with the law may not serve as defenders.
Persons who have been dismissed from public office or whose practicing certificates as lawyers or notaries have been revoked may not serve as defenders, except for guardians or close relatives of criminal suspects or defendants.
2. What are the conditions for being released on bail pending trial?
1. The person can be released on bail pending trial under the conditions specified by the public security organ.
(1) Those who may be sentenced to surveillance, criminal detention, or independent additional penalties;
(2) Those who may be sentenced to a penalty of fixed-term imprisonment or more shall be released on bail pending trial to avoid causing social danger;
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(3) The criminal suspect to be arrested suffers from serious illness, or is a pregnant woman who is breastfeeding a baby under one year old;
(4) The detained criminal suspect The evidence does not meet the conditions for arrest;
(5) After requesting arrest, the procuratorate does not approve the arrest and requires reconsideration and review;
(6) Cases in which a criminal suspect is detained cannot be If the matter is settled within the statutory time limit and the investigation needs to continue;
(7) After the case is transferred for prosecution, the procuratorial organ decides not to prosecute, and reconsideration and review are required. Recidivists, principals of criminal groups, criminal suspects who injure themselves or self-mutilate to avoid investigation, criminal suspects who endanger national security, criminal suspects who commit violent crimes, and suspects who commit other serious crimes are not allowed to be released on bail pending trial.
2. Conditions for release on bail pending trial stipulated by the People’s Procuratorate. For criminal suspects who have any of the following circumstances, the People’s Procuratorate may release them on bail pending trial:
(1) They may be sentenced to public surveillance, criminal detention or Additional penalties are independently applied;
(2) The person may be sentenced to a term of imprisonment or more, and there will be no social danger if not arrested;
(3) The detainee needs to be arrested, and the evidence does not meet the requirements Arrest conditions;
(4) Persons who should be arrested but suffer from serious diseases;
(5) Persons who should be arrested are pregnant or breastfeeding their own babies;
(6) The detained criminal suspect cannot close the case within the statutory period of investigation, custody, review and prosecution, and needs to continue investigation or review and prosecution;
(7) Hold a valid passport or other valid exit documents, You can leave the country to avoid detection but do not need to be arrested.
For criminal suspects who seriously endanger social order and other criminal suspects with egregious nature and serious circumstances, the People's Procuratorate shall not release them on bail pending trial. Hope the above content can be helpful to you. If you have any other questions, you can click the button below to consult a professional lawyer.