The legal basis is as follows:
Article 52 of the Criminal Procedure Law clearly stipulates that the following persons have the right to apply for bail pending trial:
1. Criminal suspects and defendants in custody;
2. Legal representatives of criminal suspects and defendants in custody;
3. Close relatives of criminal suspects and defendants in custody.
This is an authorized provision, but also an exclusive provision, which gives the detained criminal suspects, defendants, their legal representatives and close relatives the subject qualification to apply for bail pending trial.
"Legal representative" refers to a person who engages in certain acts on behalf of the principal according to law. According to Article 82 of the Criminal Procedure Law, legal representatives refer to parents, adoptive parents, guardians and representatives of organs and organizations responsible for protection.
"Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters and brothers and sisters.
However, whether a criminal suspect, defendant's lawyer or other defender can apply for bail pending trial is inconsistent in judicial practice. In some places, defenders such as lawyers of criminal suspects and defendants are allowed to apply for bail pending trial, while in others, it is not allowed. In this regard, Article 68 of the Supreme People's Court's Interpretation clearly stipulates: "The defendant in custody and his legal representative, close relatives and lawyers have the right to apply for bail pending trial." This provision gives the lawyer of the defendant in custody the right to apply for bail pending trial.