Bail pending trial is a compulsory measure for criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest. In order to prevent him from evading investigation, prosecution and trial, he is ordered to put forward a guarantor or pay a deposit and issue a letter of guarantee, without detention or temporary execution outside prison. So, how to apply for bail pending trial? What is the process of applying for bail pending trial? Let's find a small series of French network to introduce it to you in detail.
The flow chart of applying for bail pending trial is as follows:
Notes on bail pending trial
I. Applicable conditions
Positive conditions
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. Women who are seriously ill or pregnant and breast-feeding their babies should be arrested;
4 detainees who need to be arrested but have insufficient evidence;
5, can not be handled within the statutory time limit, but need to continue to verify and trial;
6. Holding a valid exit certificate, who does not need to be arrested but may evade investigation.
(2) bail pending trial is not applicable.
A recidivist, a principal of a criminal group, a criminal suspect who escapes investigation by means of self-injury or self-mutilation, or a criminal suspect who commits violent crimes and other serious crimes shall not be released on bail pending trial.
Second, the way to get a guarantor pending trial
(a) the guarantee of the deposit
1, and the amount is greater than 1000 yuan.
2. Determine the amount of the deposit according to the social danger of the criminal suspect and defendant, the plot and nature of the case, the severity of possible punishment and the financial situation of the criminal suspect and defendant.
(2) Guarantor's guarantee
1, conditions of guarantor
(1) is irrelevant to this case; (2) Have the ability to perform the guarantee obligations; (3) the enjoyment of political rights and personal freedom is unrestricted; (4) Have a fixed residence and income.
2, the guarantor's obligations
① supervision; ② Report
3, the guarantor's responsibility
① Administrative responsibility: fines;
② Criminal responsibility;
③ Civil liability: joint and several liability. If the defendant who is released on bail pending trial is also a defendant in an incidental civil action, the guarantor shall also bear joint and several liability for compensation, limited to the amount of creditor's rights raised by the plaintiff in the incidental civil action before his guarantee.
Three. The decision-making organs on bail pending trial: public security organs, courts and procuratorial organs.
Four. Execution organs of bail pending trial: public security organs and state security organs (whether the collection, custody and determination of the deposit violate the regulations).
V. Provisions to be observed in obtaining a guarantor pending trial:
1. Do not leave the city or county where you live without the approval of the executive organ;
2. Arrive in time for arraignment;
3. Do not interfere with the testimony of witnesses in any form;
4. Never destroy or forge evidence or collude with others.
The consequences of violation of the provisions of the intransitive verb bail pending trial
If the deposit has been paid, the deposit shall be confiscated, and according to different circumstances, the criminal suspect and defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence, and be arrested.
Note: If the person who is released on bail commits a crime again during the period of release on bail, the deposit shall be withheld; (2) If the crime is intentional, the deposit shall be confiscated; If the crime is negligent, the deposit will be refunded.
Seven, the maximum period of bail pending trial shall not exceed 12 months.
Instructions for applying for bail pending trial
I. Applicable subjects
1, detained criminal suspects, defendants, their legal representatives and close relatives have the right to apply for bail pending trial.
2. If a criminal suspect is arrested, his lawyer may apply for bail pending trial.
3. The application for bail pending trial shall be made in written form.
Two. Materials to be prepared for applying for bail pending trial
1, the identity certificate of the applicant.
2. If the applicant is a lawyer, a power of attorney shall be issued.
3. Apply for bail pending trial
Three. Matters needing attention in writing application for bail pending trial
1. The nature of this case is not serious.
2. If it is an occasional offender, it should be indicated.
3. Criminal suspects or defendants usually behave well.
4. If it is a negligent crime, it should be indicated.
5. The age at the time of committing the crime, if it is a minor, should be specially indicated.
6. Good repentance after committing a crime.
7, whether there is a fixed occupation, a fixed occupation is more likely to be approved for bail pending trial.
8. Whether the suspects and defendants in the same case have been brought to justice, and if they have been brought to justice, please indicate.
9. Whether the criminal suspect or defendant knows the information of the informant and witness; If not, it should be indicated.
10, whether the important evidence of the case has been collected, and if so, please indicate.
1 1, the physical condition of the suspect or defendant, and whether he suffers from serious diseases.
12. Whether the criminal suspect or defendant is breastfeeding a baby under one year old. Wait a minute.
Accept notice
The organ accepting the application
1. Investigation stage: public security organ (procuratorate).
2. Review and prosecution stage: People's Procuratorate.
3. Trial stage: people's court.
I hope I can help you adopt it.