1. According to Article 95 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. Changing compulsory measures includes applying for bail pending trial, so defense lawyers, as defenders, have the right to apply for bail pending trial for criminal suspects.
2. According to Article 65 of the Criminal Procedure Law, 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.
Extended data:
Scope of application of bail pending trial:
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, should be arrested according to law, but because of serious illness, or pregnant, breast-feeding women, should not be arrested;
4. The criminal suspect has been detained according to law, and after interrogation and examination, it is considered necessary to arrest but the evidence is insufficient.
5. The criminal suspect or defendant who has been arrested and detained cannot close the case within the statutory time limit of investigation and detention, examination and prosecution, first instance and second instance, and is released on bail pending trial, which is not harmful to society.
6. A criminal suspect with a valid passport or other valid exit documents may leave the country to evade investigation, but he does not need to be arrested.
Baidu encyclopedia-bail pending trial