Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial.
The specific process is as follows:
1, detained criminal suspects, defendants and their legal representatives, close relatives and lawyers shall apply for bail pending trial in writing.
The organ that has the right to decide shall give a reply on whether to agree or not within 7 days after receiving the written application.
3, to meet the conditions of bail pending trial and put forward a guarantor or can pay a deposit. The public security and judicial organs shall agree and go through the formalities of obtaining a guarantor pending trial according to law. Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement.
4. The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than 12 months.
5. If the executing organ receives the written notice of the confiscation of the deposit by the executing organ or changes the compulsory measures, it shall make a decision to change the compulsory measures or order the criminal suspect to pay the deposit again and put forward the guarantor within five days, and notify the executing organ.
6. The procedures for deciding to pay the deposit again shall be governed by the relevant provisions of these Provisions.
(1) The executing organ shall announce the decision to confiscate the deposit to the person who has been released on bail pending trial, and inform him that if he refuses to accept this decision, he may apply to the competent authority at the next higher level of the executing organ for review within five days after receiving the decision to confiscate the deposit. After receiving the application for review, the competent authority at the next higher level shall make a review decision within seven days.
(2) If the decision to confiscate deposits has passed the application review period or the deposit is confiscated after review, the executing organ at or above the county level shall promptly notify the bank to turn it over to the state treasury in accordance with the relevant provisions of the state.
7. If the person on bail violates Article 56 of the Criminal Procedure Law and the person on bail fails to report in time, after verification, the execution organ at or above the county level shall impose a fine of more than 1,000 yuan and less than 20,000 yuan on the person on bail, and timely notify the decision-making organ of the relevant situation.
8. If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence, and be arrested. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.
9. The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months, and the maximum period of residential surveillance shall not exceed six months.
According to the law, criminal detention can apply for bail pending trial by applying for bail or paying a deposit. The guarantor must be the legal representative, close relative or attorney of the criminal suspect, and bear certain responsibilities during the period of obtaining bail pending trial. Apply to the judicial organ in the form of a written application according to law, and the corresponding organ will give a reply within 7 days. Those who meet the requirements can be released on bail pending trial, and go through the formalities in the form of guarantor or deposit according to law; those who do not meet the requirements will not be approved. After the bail pending trial, if there is no violation during the period, the deposit will be refunded after the end.
legal ground
Criminal procedure law
Article 67 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.