The procedures for obtaining bail pending trial mainly include:
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.
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. Those who do not meet the statutory conditions for obtaining a guarantor pending trial do 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.
Article 68 of the Criminal Procedure Law of People's Republic of China (PRC), when people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Article 69 A guarantor must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.
Article 70 A guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 71 of this Law.
(2) If it is discovered that the warrantee may or has violated the provisions of Article 71 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 71 of this Law and the warrantor fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.