Bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). Refers to the public security organs, people's procuratorates, people's courts and other judicial organs in order to prevent criminal suspects and defendants from escaping investigation, prosecution and trial, and order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a guarantee to ensure that they are available at any time, and will not be detained or temporarily released. Handled by the public security organs. Objectively speaking, after a criminal suspect is detained, the most important thing to consider, which is also the most time-consuming and energy-consuming behavior, is to obtain bail for him.
1. According to the provisions of the Criminal Procedure Law, the following persons can apply for bail pending trial:
1, criminal suspects and defendants in custody;
2. Legal representatives of criminal suspects and defendants in custody;
3. Close relatives of criminal suspects and defendants in custody;
4. Lawyers hired by detained criminal suspects, defendants and their close relatives;
So you can also apply for bail pending trial without a lawyer.
II. Notice of obtaining a guarantor pending trial is as follows:
1' s family should take the initiative to reach a compensation agreement with the other victim's family after the criminal suspect is detained, so as to obtain the understanding of the other family;
2. Hire a lawyer to meet the criminal suspect, understand the case, and apply to the case-handling organ as soon as possible for those who meet the conditions of bail pending trial;
The criminal suspect himself should have a good attitude and sincerely repent;
4 try to get probation if you meet the conditions of probation.
3. What are the conditions for obtaining bail pending trial?
1, the conditions stipulated by the public security organ can be released on bail pending trial.
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) Those who may be sentenced to more than fixed-term imprisonment shall be released on bail pending trial, so as not to cause social danger;
(3) The criminal suspect to be arrested suffers from a serious illness, or is a pregnant woman who is breastfeeding a baby under one year old;
(4) The evidence of the detained criminal suspect does not meet the conditions for arrest;
(five) after the request for arrest, the procuratorial organ does not approve the arrest and needs reconsideration and review;
(6) The case of detaining a criminal suspect cannot be settled within the statutory time limit, and the investigation needs to be continued;
(7) after the transfer of prosecution, the procuratorial organ decides not to prosecute and needs reconsideration and review. For recidivists, principal criminals of criminal groups, criminal suspects who injure themselves or injure themselves to avoid investigation, criminal suspects who endanger national security, criminal suspects who commit violent crimes and criminal suspects who commit other serious crimes, they shall not be released on bail pending trial.
2. Conditions for obtaining a guarantor pending trial stipulated by the people's procuratorate For a criminal suspect under any of the following circumstances, the people's procuratorate may obtain a guarantor 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, and social danger will not occur without arrest;
(3) The detainee needs to be arrested, and the evidence does not meet the conditions for arrest;
(four) should be arrested but suffering from serious diseases;
(5) Being pregnant or breast-feeding her baby upon arrest;
(six) the criminal suspect in custody can not close the case within the statutory time limit for investigation, detention, examination and prosecution, and needs to continue investigation or examination and prosecution;
(seven) holding a valid passport or other valid exit documents, you can leave the country to escape investigation, but you don't need to be arrested.
legal ground
Article 67 of the Criminal Procedure Law of People's Republic of China (PRC) (amended on 20 18) 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.
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who is sentenced to punishment or deprived or restricted of personal freedom according to law shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.