1. How many days does the lawyer apply for bail and send it to the procuratorate?
The application for bail pending trial will be sent to the procuratorate within 3 days.
Criminal Procedure Law of the People's Republic of China
Article 97
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.
Two, the procuratorate agreed to bail will be sentenced to probation?
Bail pending trial has nothing to do with probation.
Criminal law of the people's Republic of China
Article 72
Applicable conditions A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, people under 18 years old, pregnant women and people over 75 years old should stop taking:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
3. What regulations should be observed during the period of bail pending trial?
Procedures for handling criminal cases by public security organs
Article 89 When the public security organ announces the decision to obtain a bail pending trial, it shall inform the person who has obtained a bail pending trial to abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
Article 90 When a public security organ decides to obtain a bail pending trial, it may, according to the circumstances of the case, order the person who has been granted a bail pending trial to abide by one or more of the following provisions:
(a) shall not enter the specific places related to their criminal activities;
(2) Not to meet or communicate in any form with witnesses, victims and their close relatives, accomplices and other specific personnel related to the case;
(three) shall not engage in specific activities related to their criminal acts;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
The public security organ shall comprehensively consider the nature of the case, the circumstances, the social impact, the social relationship of the criminal suspect and other factors to determine the scope of specific places, specific personnel and specific activities.
The public security organ, the people's procuratorate or the people's court all review the application for bail pending trial for three days. In fact, if the people's procuratorate has approved the arrest before examining and prosecuting, it will generally not agree to get a bail pending trial unless it has not made a decision on whether to prosecute within the specified time.