Article 65 of the Criminal Procedure Law clearly stipulates that 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 and residential surveillance shall be carried out by public security organs.
2. You don't need a lawyer for bail pending trial. If the case is simple and clear, don't hire a lawyer, because the lawyer's fee is very expensive and increases the burden on your family. If the case is complicated and you can't handle it yourself, I suggest you hire a lawyer. If you really have no money, go to the Justice Bureau to apply for legal aid.
As for the subject applying for bail pending trial, Article 95 of the Criminal Procedure Law clearly stipulates that criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement. This is an authorized provision and an exclusive provision, which gives the detained criminal suspects, defendants and their legal representatives, close relatives and defenders the subject qualification to apply for bail pending trial. "Legal representative" refers to a person who engages in certain acts on behalf of the principal according to law. According to the provisions of Article 106 of the Criminal Procedure Law, legal representatives refer to parents, adoptive parents, guardians and representatives of organs and organizations responsible for protection; "Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters and brothers and sisters.
The amendment to the Criminal Procedure Law gives the defender the right to apply for bail pending trial in the name of the defender in three stages of a criminal case (investigation stage, prosecution stage and trial stage), and requires the organ making the decision on bail pending trial to make a decision within three days. If the applicant disagrees with the change, it shall inform the applicant of the reasons for the disagreement.