1. Criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for bail pending trial.
2. The public security organ, the people's procuratorate and the people's court decide whether to agree to get a bail pending trial.
3, with the consent of one of the above three institutions, the public security organ shall be released on bail pending trial.
Ways for family members to apply for bail pending trial: write an application for bail pending trial, and if they are detained by the public security organ, then submit an application to the public security organ. You have to pay a deposit or hire a guarantor.
Eligible bail pending trial:
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, bail pending trial, residential surveillance, to avoid social danger.
Does that mean bail pending trial is not serious?
Bail pending trial is not necessarily that the problem is not serious, but that there is no real danger. At the same time, bail pending trial does not mean that criminal responsibility will not be investigated. At the expiration of the bail pending trial, there is mainly enough evidence to sentence a real sentence. It is suggested that you can entrust a lawyer to apply for probation.
To sum up, the process of obtaining bail pending trial is very simple. Just write an application form and give it to the place where the insured is detained, which may be the public security organ, procuratorate or court. For example, if you are detained by a public security organ, you can submit an application to the public security organ.
Generally speaking, after a criminal suspect is detained, his family members can apply for bail pending trial. Of course, you can also submit your own application, pay a deposit or provide a guarantor, and promise to bear the corresponding punishment in violation of the regulations, so you can get bail pending trial.
Legal basis:
Article 67 of the Criminal Procedure Law of People's Republic of China (PRC), 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.