If you don't agree to the change, you should tell the applicant the reasons for your disagreement.
Regarding the subject applying for bail pending trial, the subject applying for bail pending trial is the subject qualification applying for bail pending trial:
Article 95 of the Criminal Procedure Law clearly stipulates that criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures.
The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.
This is an authorized provision and an exclusive provision, which gives the detained criminal suspects, defendants and their legal representatives, close relatives and defenders the subject qualification to apply for bail pending trial.
Extended data:
Scope of application of bail pending trial:
Article 65 of the Criminal Procedure Law clearly stipulates that 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 and residential surveillance shall be carried out by public security organs.
Article 52 A criminal suspect or defendant in custody, his legal representative or his near relatives have the right to apply for bail pending trial.
Article 66 When people's courts, people's procuratorates 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 put forward a guarantor or pay a deposit.
Article 67 A guarantor must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.
Article 68 A guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 56 of this Law;
(2) If it is discovered that the warrantee may or has violated the provisions of Article 56 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 56 of this Law and the guarantor fails to report in time, the guarantor shall be fined, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 69 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(four) shall not destroy or forge evidence or collusion. If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence and be arrested.
If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.
This is the most important legal basis for judicial organs to handle bail pending trial. The so-called "possible sentence" in the above-mentioned first case refers to the fact that according to the suspected crime initially ascertained by the judicial organ,
The possible punishment determined by the judicial personnel who undertake the case does not refer to the statutory maximum punishment of a certain clause of the criminal law violated by the criminal suspect or defendant's behavior, nor does it refer to the statutory maximum punishment of a certain crime stipulated in this clause.
In the second case, the so-called "may be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social danger" means that according to the suspected criminal facts that have been ascertained by the judicial organs, although it can be determined that the crimes committed are more serious.
And according to its corresponding criminal law, it should be sentenced to more than fixed-term imprisonment, but if bail is applied, social danger will not occur.
References:
Baidu encyclopedia-bail pending trial