There are generally two situations when agreeing to be released on bail pending trial: 1. The detainee has exceeded the detention period and has to be released on bail pending trial. 2. Sentenced to a suspended sentence, exempted from criminal punishment, and acquitted. The most common is that the parties voluntarily plead guilty, and if the prison term is less than three years, they can be sentenced to probation. In addition, it should be noted that people who are released on bail pending trial may also be sentenced to actual imprisonment, so being released on bail pending trial cannot be equated with probation, but the possibility is slightly higher, and these require professional evaluation.
Generally speaking, the best time to submit for bail pending trial is in the third week of criminal detention, which is around 21 days (criminal detention is generally 30 days, plus the 7-day review period for approving arrest) , ***37 days), at this time the investigators were drafting an application for arrest and were more concerned about the issue of bail pending trial. Some lawyers will choose to submit bail pending trial applications on Friday because the approver on Saturday is the leader on duty, making it easier to approve. Secondly, the lawyer can issue a lawyer's opinion to the procuratorate's investigation and supervision department (i.e., the arrest approval agency), recommending that the person not be arrested to increase the chance of being released on bail pending trial. Finally, during the application process, lawyers should communicate more with judicial personnel and parties. Under normal circumstances, the judicial authorities will agree to release on bail pending trial only after the client pleads guilty, and such a guilty plea is difficult to overturn later. Therefore, if there is injustice in the case, the lawyer must inform the client of the legal risks and make careful decisions.
Article 96 of the "Criminal Procedure Law" stipulates: "After the first interrogation by the investigative agency or from the date of taking compulsory measures, a criminal suspect may hire a lawyer to provide him with legal advice and represent him in making appeals. , prosecution. If a criminal suspect is arrested, the hired lawyer may apply for release on bail pending trial.
According to Articles 50, 51, 60 and other relevant provisions of the Criminal Procedure Law, The conditions for being released on bail pending trial are:
A. A. The criminal suspect or defendant may be sentenced to surveillance, criminal detention or independent additional punishment, that is, the crime of the suspect or defendant is relatively minor and there is no need for arrest, but there is a need to avoid investigation or prosecution. If there is a risk of hindering the smooth progress of the proceedings, such as the case, the person shall be released on bail pending trial.
B. The criminal suspect or defendant may be sentenced to a term of imprisonment or more, and being released on bail pending trial will not cause any danger to society. If the crime is serious, but there is no danger to society during the period of bail pending trial, and there is no need to arrest, the person should be released on bail pending trial.
C. If the person is seriously ill and cannot be detained, such as being unable to live due to illness. If you take care of yourself, you can be released on bail pending trial.
D. If you are pregnant or breastfeeding your own baby and are found to be in this situation according to law, you may not be arrested; if you are found after the arrest, you may not be arrested. The compulsory measures should be changed, and the method of obtaining bail pending trial should be changed.
In addition, criminal suspects and defendants should be required to provide a guarantor or pay a bond, issue a guarantee letter, and guarantee the summons. :
A. Submit an application.
B. After receiving the application for release on bail, the public security organ, People’s Procuratorate, and People’s Court shall respond within seven days. If a criminal suspect or defendant decides to release 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 chief prosecutor of the procuratorate, or the president of the people's court, and a "Decision on Release on Release pending trial" and a "Notice on Release on Release pending trial" should be prepared. , ordering the criminal suspect or defendant to provide a guarantor or pay a bond.
C. The public security organ is the enforcement agency for bail pending trial.
The public security organs shall read the "Decision on Release on Guarantee pending trial" to the criminal suspect or defendant, and have the criminal suspect or defendant sign or seal it, informing the criminal suspect or defendant of the regulations that must be observed during the period of release on bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law while on bail pending trial, after the expiration of the bail pending trial period, the public security organ responsible for enforcement shall return the deposit to the criminal suspect or defendant and notify the guarantor to terminate the guarantee. .
D. The maximum period of bail pending trial shall not exceed 12 months. During the period of release on bail pending trial, the investigation, prosecution and trial of the case shall not be interrupted. If the period of bail pending trial expires, or if it is discovered that there are circumstances in which criminal liability should not be pursued as stipulated in Article 15 of the Criminal Procedure Law, or if the case has been concluded, the original decision-making authority shall make a decision to revoke the bail pending trial and notify the public security organ for execution.