When you are caught by the public security organ, don't panic and treat it calmly. Generally, you can also apply for bail pending trial at the investigation stage. Of course, the premise of applying for bail pending trial is to meet the conditions of bail pending trial.
First, how to write an application for bail pending trial in the investigation stage
1. Header
Write it down: first, the title; Second, the identity of the applicant.
2. Text
Write it down: 1. Application matters; 2. Reasons for application; Third, if there is a guarantor, indicate the identity of the guarantor; Fourth, clarify the specific content of the guarantee.
3. Tail
Status: first, the name of the delivery agency; Secondly, the applicant and the guarantor (if any) should sign their names and indicate the year, month and day of application.
Second, the way to get a guarantor pending trial
There are two ways to obtain bail pending trial:
One is to put forward the guarantor guarantee. That is to say, the person who is released on bail pending trial should put forward a qualified person as his guarantor, and this guarantor should bear the obligations stipulated by law to ensure that the guaranteed person can be on call. If the person released on bail violates the regulations and the guarantor fails to report in time, the guarantor shall be fined. If a crime is constituted, criminal responsibility shall be investigated according to law.
One is to provide a deposit. If a criminal suspect or defendant is released on bail pending trial, he shall pay a certain amount of cash as a guarantee. In violation of the relevant provisions, the deposit shall be confiscated, and the criminal suspect and defendant shall be ordered to make a statement of repentance, re-pay the deposit, put forward a guarantor or monitor their residence and be arrested according to the circumstances. If the criminal suspect or defendant does not violate the relevant provisions during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.
If the same criminal suspect or defendant decides to obtain bail pending trial, the guarantor guarantee and the deposit guarantee cannot be used at the same time.
Third, the application mode of bail pending trial in the investigation stage.
Model essay on Chen XX's bail pending trial for the crime of illegal detention:
Apply for bail pending trial
Applicant: Li, lawyer of Guangdong Hongmian Law Firm and defender of Chen XX, a criminal suspect suspected of illegal detention.
Address: Room 609, Floor 6, Guangzhou Exchange Plaza, No.268 Dongfeng Middle Road, Yuexiu District, Guangzhou
Tel: 150 17597089
Application: Chen XX, a criminal suspect suspected of illegal detention, applied for bail pending trial.
Facts and reasons:
The criminal suspect Chen XX was criminally detained by Nanhai Branch of Foshan Public Security Bureau on April 17, 2065438 for committing the crime of illegal detention, and is now detained in Nanhai District Detention Center of Foshan City.
Guangdong Hongmian Law Firm accepted the entrustment of Xu XX, the wife of the criminal suspect Chen XX, and appointed the lawyer as its defender. The lawyer met with the suspect according to law. After careful analysis, it is considered that the criminal suspect Chen XX does not constitute the crime of illegal detention. Please review the case in detail and change the compulsory measures for Chen XX to obtain bail pending trial according to law.
The specific reasons are as follows:
1. The behavior of the suspect in this case does not have the legal characteristics of the crime of illegal detention.
The object of this crime is the citizen's personal freedom, that is, the so-called "illegal detention of others or illegal deprivation of personal freedom by other means" in Article 238 of the Criminal Law constitutes this crime. According to the legislative provisions of this article, it is obvious that the victim should be deprived of his personal freedom illegally before the criminal suspect can be identified as constituting this crime.
All the people involved in this case unanimously recognized the fact that at around 7 o'clock on April 20 16 16, Chen XX received a phone call from an employee saying that he had caught a thief (that is, the victim of this case) and asked Chen XX to go back to the company for handling. Chen XX 19 rushed back to the company. At this time, the employee has tied the thief and squatted on the ground. Chen XX informed the staff to call the police. At this time, the thief came voluntarily and asked Chen XX to contact his uncle or sister. Chen XX called the thief's uncle and sister, and neither of them wanted to help him. After that, Chen XX called the public security brigade and asked to hand over the thief to the police station. After waiting for 10 for more than a minute, there was no public security brigade staff, and Chen XX called again to urge him. Later, an employee of the company had an altercation with the thief, which caused physical conflict and caused the thief to be injured. After the security brigade personnel arrived, Chen XX arranged two employees to assist the security brigade to take the thief to the hospital.
Judging from the above process, Chen XX did not carry out illegal detention, but only reported the case through the way of citizens turning thieves. In the process of turning over thieves, the employees of this company suddenly intentionally hurt thieves, which was beyond the control of Chen XX, and there was no subjective intention. The employee's intentional injury behavior has nothing to do with Chen XX.
2. According to the analysis of legal detention, the criminal suspect Chen XX in this case does not constitute detention, let alone illegal detention.
The state has clear and specific provisions on the means, contents and places of legal detention. Whether Chen XX carried out the detention behavior authorized by the state public authority according to law in this case is the key and starting point to correctly understand the nature of this case. Legal detention includes arrest, detention (including criminal detention and administrative detention), imprisonment (imprisonment), detention, lien, citizen seizure, etc. In this case, Chen XX handed over the criminal suspect, but did not deprive the victim of personal freedom at all, which was legal detention. According to Article 82 of the Criminal Procedure Law, a citizen may immediately hand over a person to a public security organ, a people's procuratorate or a people's court for handling under any of the following circumstances: (1) committing a crime or being discovered immediately after committing a crime; In the whole case, the so-called detention place is the company opened by Chen XX, which belongs to public occasions. In such a place, if people who are illegally detained can easily get rid of illegal detention, they can call for help, call the police and run away at any time.
In this case, Chen XX's behavior belongs to the behavior of citizens handing over criminal suspects. He was originally a victim because the property of his company was stolen, but now he is accused of illegal detention. He cannot understand and feel the fairness and justice of the law.
3. This case only needs to investigate the intentional injury behavior of an employee of the company, and it is not appropriate to identify Chen XX as suspected of illegal detention.
The victim's personal freedom was temporarily restricted because he was caught in the theft of the factory dormitory and was bound by the factory employees to prepare for the delivery process, and the case was carried out because of intentional injury by an employee. Our lawyers believe that this case only needs to investigate the intentional injury behavior of an employee, and it is not appropriate to identify Chen XX as suspected of illegal detention.
4. Chen XX is the person in charge of the company, and bail pending trial is conducive to the stability of the company's employees and the company's operation.
The company opened by Chen XX has more than 40 employees and needs to pay more than 200,000 yuan a month. Now, due to Chen XX's criminal detention, the company's operation can't be carried out normally, and wages can't be paid normally, which may lead to unstable factors such as employee unrest.
To sum up, in this case, the nature of detention should be determined according to factors such as the seriousness of the circumstances, the size of harm, self-interest motivation, and the length of detention. In this case, Chen XX did not illegally detain the victim; To say the least, even if your bureau still thinks it is necessary to continue the investigation, you can get a bail pending trial first, because it will not cause social danger.
I urge your bureau to take a pragmatic attitude and carefully examine it, and change the compulsory measures against Chen XX into bail pending trial, so as to avoid unnecessary mistakes.
Legal objectivity:
Article 67 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may obtain bail pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who 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.