Legal analysis: The process and required procedures for release on bail pending trial are: 1. Application for release on bail pending trial. Criminal suspects and defendants in custody, their legal representatives, and close relatives have the right to apply for release on bail pending trial. If a criminal suspect is arrested, his lawyer may apply for release on bail pending trial. Applications for release on bail pending trial must be made in writing. To apply for bail pending trial, you need to provide the following materials: application for bail pending trial; identity certificate of the applicant; pay a deposit or provide a guarantor; if you entrust an agent to apply, you must issue a power of attorney. 2. Decision to release on bail pending trial. After receiving the application for bail pending trial, the public security organs, people's procuratorates, and people's courts shall respond within 7 days whether they agree or disagree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it must 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 Release on Bail pending trial" and a "Notice on Release on Bail pending trial" shall be issued, and the order The criminal suspect or defendant shall provide a guarantor or pay a deposit. For those who do not meet the statutory conditions for release on bail pending trial, the applicant will not be allowed to be released on bail pending trial, and the applicant will be informed of the reasons for not agreeing. In addition, based on the needs of the case, the judicial authority can decide on its own to release the person on bail pending trial. 3. Implement bail pending trial. The public security organs shall execute the decision, read out the "Decision on Release on Guarantee pending trial", order them to sign or seal, and inform them of the regulations that they must abide by during the period of release on bail pending trial. After the period of bail pending trial expires, the public security organ responsible for enforcement shall return the deposit to the criminal suspect or defendant and notify the guarantor to revoke the guarantee.
Legal basis: "Criminal Procedure Law of the People's Republic of China"
Article 67 The people's courts, people's procuratorates and public security organs shall deal with criminal suspects and defendants who have any of the following circumstances: A person may be released on bail pending trial:
(1) He may be sentenced to public surveillance, criminal detention, or an additional penalty may be applied independently;
(2) He may be sentenced to a penalty of fixed-term imprisonment or more, and being released on bail pending trial will not cause Social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or breastfeeding their own babies are released on bail pending trial and will not pose a social risk;
(4) The custody period has expired and the case has not yet been concluded, requiring release on bail pending trial.
Bail pending trial shall be implemented by the public security organs.
Article 68: When the people's court, people's procuratorate and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to provide a guarantor or pay a deposit.
Article 69 The guarantor must meet the following conditions:
(1) Has nothing to do with the case;
(2) Has the ability to perform the guarantee obligations;< /p>
(3) Enjoy political rights and unrestricted personal freedom;
(4) Have a fixed residence and income.