Bail pending trial is a topic that criminal lawyers can never avoid in criminal defense practice. In judicial practice, we think that many cases we handle seem to meet the conditions of bail pending trial (mainly based on the second paragraph of Article 67 of the Criminal Procedure Law: "It may be sentenced to more than fixed-term imprisonment, and taking bail pending trial will not cause social danger;" ), but in practice, there are very few cases that can finally be granted bail by the judicial organs. Why is this happening? The author believes that this is related to the concept of the relevant case handlers (mainly appealing), which leads to the narrowing of the scope of application and the object of bail pending trial, the high detention rate, and the detention of criminal suspects and defendants has become a normal state. Then, as a professional criminal lawyer, how to judge whether there is the possibility of bail pending trial in the case he undertakes? To this end, the author deliberately lists the situations that are easy to be released on bail pending trial in judicial practice for reference:
Specific circumstances that are easy to obtain bail pending trial (from the personal point of view of criminal suspects and defendants):
1, suffering from serious illness or injury;
2. Have severe disability;
3. Old and weak;
4. Pregnant or breast-feeding women;
5 minors or students who are still studying at school before being brought to justice;
6. The detention of the legal representative or person-in-charge of the enterprise really has a serious impact on the production and operation of a specific enterprise;
7 suspected of negligent crime, in line with the statutory conditions for obtaining a guarantor pending trial;
8, suspected of committing a crime alone (not * * * the same crime) and meet the statutory conditions for obtaining a guarantor pending trial;
9. Other persons who are less personally dangerous and meet the statutory conditions for obtaining a guarantor pending trial.
Judging from the nature and stage of the case, the following situations are relatively easy to be released on bail pending trial:
1, a case suspected of a misdemeanor;
2, there are victims, reached a settlement, understanding or positive restitution, restitution;
3. Cases in which the existing evidence does not meet the conditions for arrest and follow-up investigation is still needed, and the detention period has expired;
4 cases that need further investigation after the expiration of the detention period;
5, review the prosecution period has expired and still need to continue to verify the case;
6. Cases that need to be verified after the expiration of the first and second trial periods.
Therefore, in the practice of criminal defense, criminal lawyers should not only judge whether a case can be released on bail pending trial according to Article 67 of the Criminal Procedure Law, but also analyze specific issues and make targeted applications for release on bail pending trial. At the same time, they should also consider the stage of the case, judge whether it is the best time to apply for bail pending trial, and maximize the success rate of bail pending trial.
Chengdu well-known lawyer office Sichuan Hu Yun lawyer office