1. Can a lawyer apply for bail pending trial?
Lawyers can apply for bail pending trial. Article 38 of China's Criminal Procedure Law stipulates that during the investigation of public security organs, defense lawyers apply for changing compulsory measures against criminal suspects, and applying for bail pending trial is one of the applications for changing compulsory measures. In addition, lawyers can also provide other legal assistance to criminal suspects in the investigation stage, such as appealing for criminal suspects, understanding the case from public security organs, meeting with criminal suspects, and receiving legal advice from criminal suspects and their families. If a lawyer handles bail pending trial for a criminal suspect, he shall submit a written application for bail pending trial to the judicial organ, and the judicial organ shall make a reply on whether to agree to bail pending trial within seven days. If it is agreed, it shall issue a written decision on bail pending trial and a notice of bail pending trial, and the criminal suspect may formally obtain bail pending trial after paying a deposit or providing a guarantor in accordance with the regulations.
2. Under what circumstances will the deposit be confiscated after bail pending trial?
Margin guarantee refers to a guarantee method that the public security organ, the people's procuratorate and the people's court order the criminal suspect and the defendant to pay the margin and issue a letter of guarantee to ensure that they will not evade or hinder the investigation, prosecution and trial during the period of bail pending trial.
The deposit should be paid in RMB cash, and the initial amount of the deposit is 65,438+0,000 yuan. In addition, the current law does not stipulate the upper limit of the deposit.
If the same criminal suspect or defendant decides to get a bail pending trial, he can't use the guarantor guarantee and the deposit guarantee at the same time, so he can only choose one.
Article 70 of the Criminal Procedure Law: Obligations of Guarantor and Legal Consequences of Failure to Perform Obligations
The guarantor shall perform the following obligations: (1) to supervise the guarantor 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 guarantor 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.
The provision of bail pending trial is to ensure the smooth investigation and litigation of criminal cases and protect the legitimate rights and interests of criminal suspects and defendants according to law. It is a condition that the criminal suspect and defendant pay a certain amount of money to the executive organ after the decision-making organ decides to release the criminal suspect and defendant on bail pending trial and decides to collect the deposit.
To sum up, if the parties want to get bail pending trial, they can find an entrusted agent or let their relatives handle it. The maximum time for bail pending trial cannot exceed 12 months, and the bail can be refunded after acquittal.