Legal analysis
After bail pending trial, the maximum sentence is life imprisonment, and the most severe sentence is death. The conditions for obtaining bail pending trial are: being sentenced to public surveillance, criminal detention or independently applying supplementary punishment; Bail pending trial will not cause social danger; From other compulsory measures to bail pending trial. A criminal suspect who meets the requirements of Article 1 will be sentenced to fixed-term imprisonment of not more than two years, and the situation that meets the requirements of Article 2 is complicated. A criminal suspect who commits a minor crime may be sentenced to fixed-term imprisonment of not more than three years. However, if the circumstances of the crime are serious, he will be released on bail pending trial due to his serious illness and inability to take care of himself, or he will be released on bail pending trial due to the expiration of the detention period. You can apply for bail pending trial as long as you meet the conditions 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. Criminal suspects, defendants and their legal representatives, close relatives and lawyers in custody shall apply for bail pending trial in written form, and the organ with the right to decide shall give a reply on whether or not to agree within 7 days after receiving the written application. The public security and judicial organs shall agree to those who meet the conditions for obtaining a guarantor pending trial and put forward a guarantor or can pay a deposit, and go through the formalities for 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.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 67 The people's courts, people's procuratorates and public security organs may obtain bail pending trial for criminal suspects and defendants under any of the following circumstances: (1) They may be sentenced to public surveillance, criminal detention or independently apply 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 71 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions: (1) Without the approval of the executing organ, he shall not leave the city or county where he lives; (two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours; (3) Being present in time when being arraigned; (four) shall not interfere with the testimony of witnesses in any form; (five) shall not destroy or forge evidence or collusion. The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order criminal suspects and defendants who have been released on bail pending trial to abide by one or more of the following provisions: (1) Do not enter specific places; (2) Not meeting or communicating with specific personnel; (three) shall not engage in specific activities; (four) the passport and other entry and exit documents, driving documents to the executive organ for preservation. If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested. If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.