1. How long does it take for a lawyer to get bail pending trial?
It usually takes 7 working days for a lawyer to get bail pending trial.
If a criminal suspect or defendant in custody, his legal representative or close relatives apply for bail pending trial, they shall first submit a written application.
Then the investigation stage is accepted by the public security organs, and the investigation stage of self-investigation cases is accepted by the procuratorate; The accepting organ in the stage of examination and prosecution is the procuratorate; The accepting organ at the trial stage is the people's court.
The organ that has the right to decide shall make a reply on whether or not to agree within 3 days after accepting the written application for bail pending trial.
If a public security organ, a procuratorate or a court decides to obtain bail pending trial, the executing organ shall be the public security organ.
Second, if you are released on bail, will you sue?
Bail pending trial may lead to prosecution. A criminal suspect who has been released on bail pending trial will be prosecuted if there are corresponding criminal facts. People's courts, people's procuratorates and public security organs may sentence them to public surveillance, criminal detention or independently apply supplementary punishment; Criminal suspects and defendants who may be sentenced to more than fixed-term imprisonment and released on bail pending trial without causing social danger may be released on bail pending trial.
Article 67 of the Criminal 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.
Bail pending trial shall be executed by the public security organ.
3. What is the time limit for obtaining bail pending trial?
The maximum period of bail pending trial shall not exceed twelve months. The Legal Express reminds you that the investigation, prosecution and trial of a case shall not be interrupted during the period of bail pending trial.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: According to Article 79 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail for more than twelve months, and shall not keep them under residential surveillance for more than six months. During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.