Bail pending trial generally means bail. Bail is short for bail and bail release. Bail pending trial, like criminal detention and arrest, is a compulsory measure in the process of criminal proceedings and a conditional bail pending trial, which does not mean that the case is closed and the parties are innocent.
1. Apply for bail pending trial
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 application for bail pending trial shall be made in writing. Those who are released on bail pending trial during criminal detention should apply in stages, from the public security organ in the investigation stage to the procuratorate in the prosecution stage and from the court in the trial stage. To apply for bail pending trial, an application for bail pending trial shall be submitted, and the application shall be made by family members or lawyers. If the application is approved, financial insurance or PICC is generally required. If financial insurance pays the deposit directly, PICC must find a guarantor with suitable conditions, and PICC financial insurance can only choose one.
2. The decision to get a bail pending trial
The public security organ, the people's procuratorate and the people's court shall, within 3 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. 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. In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial.
3. Execution of bail pending trial
The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 7 1 during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.