1. When can I apply for bail pending trial?
After a party is detained, he may submit an application for bail pending trial at every stage of the proceedings. However, at different stages and different time nodes, the success rate of applying for bail pending trial will be obviously different.
2. Who can apply for bail pending trial?
Criminal suspects in custody, their legal representatives, close relatives and defense lawyers have the right to apply for bail pending trial. "Legal representative" refers to the client's parents, adoptive parents, guardians and representatives of organs and organizations responsible for protection; "Close relatives" refer to husband and wife, parents, children, brothers and sisters.
3. At what stage is it generally better to apply for bail pending trial? What's the difference between the application methods?
You can apply during criminal detention, during examination and arrest, and after arrest, but the application methods are different. Among them, in the criminal detention stage, you can directly apply for bail pending trial and submit the documents for applying for bail pending trial; Examining the materials submitted at the stage of approving the arrest and applying for not approving the arrest; After the arrest, submit documents to review the necessity of detention. These three stages are common opportunities to apply for bail pending trial, but the first two stages are usually relatively large, and the possibility of bail pending trial after arrest is relatively small.
4. Can I apply for the above three stages at any time?
In theory, you can apply at any time, but you should pay attention to "it is not arbitrary at any time". In these three stages, there are also application time nodes with relatively high success rate of bail pending trial: first, the application for bail pending trial is submitted a few days before the expiration of the criminal detention period; Second, submit an application for disapproval of arrest about the third day after the transfer for review and arrest; Third, seize the opportunity to submit an application for review of the necessity of detention in a timely manner. In practice, those who apply to review the necessity of detention just after arrest will basically not file a case for review. At present, although the application time is no longer limited, the operation can refer to the original month. However, if a party suffers from a serious illness that is not suitable for detention, or if the case and evidence have changed significantly, an application should be made as soon as possible.
These are the three time nodes that need to be grasped when applying for bail pending trial. Timely submission of applications and "doing good deeds and doing good deeds" will help to improve the success rate of bail pending trial.
5. At the above three time nodes, where are the units that submitted the application materials?
The submitting units of application materials for bail pending trial at different stages are different, usually "whoever has a case, the application materials will be submitted to whom". That is, the criminal detention stage is submitted to the case-handling unit of the public security organ, and the application materials for the arrest stage are submitted to the procuratorate that undertakes the case. Details can be submitted directly to the case undertaker (police, prosecutor). It should be noted that the Criminal Procedure Rules of the People's Procuratorate, which came into effect on February 30th, 20th19th, revised the subject of the necessity review of detention in the investigation and trial stages, and changed it from the prison management department to the department responsible for arrest and prosecution.
6. What should the criminal suspect pay attention to when applying for bail pending trial?
The criminal suspect himself should be sincere and able to cooperate with the investigators. Those who clearly constitute a crime must have a penitent attitude, and those who do not belong to a crime should also be truthfully stated. Stubborn resistance, false confession, refusal to plead guilty and retraction of confession usually affect the decision of the case-handling unit to obtain bail pending trial.
7. Why is it best to apply for bail pending trial in the criminal detention stage a few days before the expiration of the criminal detention period?
When the suspect was just detained, the facts involved had not been ascertained, and the public security organs basically would not agree to get bail pending trial. A few days before the expiration of criminal detention, the facts involved were initially ascertained. No matter what the case is, the public security organs need to make bail pending trial, arrest and other handling opinions. At this time, it is appropriate to submit an application for bail pending trial, and the hope is relatively great. Of course, if the facts involved are very clear, or there is clear evidence to prove that the parties concerned do not constitute a crime, it is advisable to submit an application for bail pending trial as soon as possible. At the same time, defense lawyers should pay close attention to the time of handling cases by public security organs to prevent cases from being handled in advance within the statutory time, resulting in missed application opportunities.
8. What are the reasons for applying for bail pending trial during criminal detention?
In the stage of criminal detention, it is usually more appropriate to apply to the public security organ for bail pending trial on the grounds that the circumstances of the crime are minor and there are statutory lighter and lighter sentencing circumstances such as surrender, meritorious service and accessory. Unless there is clear evidence or clues, try not to apply for bail on the grounds of innocence. Otherwise, if there is no clear evidence, it is difficult for the parties to apply for bail pending trial as soon as possible to get the approval of the public security organs. After all, whether it is filing a case or criminal detention, it needs corresponding evidence to prove the existence of criminal facts and certain approval procedures, so it is generally difficult to adopt the innocent opinion.
9. What are the requirements for the types of documents when applying for bail pending trial in criminal detention?
Under normal circumstances, you can submit an application for bail pending trial, but it is best to communicate with the case-handling unit in advance, otherwise it is unlikely to be approved directly. Once the public security organ decides not to get bail pending trial, it is even more difficult to apply for bail pending trial. If, after communication, it is known that the conditions for obtaining a bail are completely unavailable, or it is impossible to obtain a bail pending trial at present according to the case, it is best not to submit an application for obtaining a bail pending trial, otherwise the examination and approval materials will be put into the file, which may have a certain adverse impact on the subsequent application for obtaining a bail pending trial and even the examination and approval of the procuratorate.
If you don't communicate well with the case-handling unit in advance according to law, and you are not sure whether you can get a bail pending trial, you can also deal with it flexibly-you can submit your defense opinions at the investigation stage, and the defense opinions can include the contents of applying for bail pending trial, so that you can express your demands for bail pending trial to the case-handling unit, and you can also clarify your defense opinions without the need for the case-handling unit to issue a notice of bail pending trial.
10. When examining and approving the arrest, can the procuratorate directly guarantee the criminal suspect?
In the stage of examining and approving the arrest, the procuratorate does not directly make a decision on bail pending trial, but only examines whether the parties should approve the arrest, and the results of the examination are only two cases: approving the arrest and not approving the arrest. If the procuratorate decides not to approve the arrest, the public security organ will generally release the suspect on bail pending trial, and occasionally release him directly.
1 1. How to apply to the procuratorate for disapproval of arrest at the approval stage?
If you apply to the procuratorate for disapproval of arrest, you can submit a "lawyer's opinion on disapproval of arrest". Usually, if the evidence of the case is insufficient or whether it constitutes a crime is in doubt, it is more likely to fight for not approving the arrest. Of course, if you are clearly guilty, you can fight for it from the perspective that the crime is not too serious, and there is also a chance not to arrest under certain circumstances.
12. What should I pay attention to when communicating with prosecutors during the review and arrest stage?
First of all, the application materials submitted should briefly explain the reasons for not approving the arrest, and you can also communicate the case with the prosecutor by telephone or face to face. Whether it is written application materials or oral communication, the content must be concise and well-founded. Nonsense and unreasonable materials or words will only disgust prosecutors. Remember, the case handlers are busy and don't want to waste too much time discussing cases with unprofessional people.
13. Why should the application materials be submitted about 3 days after the arrest?
Two days before the case materials are sent to the procuratorate, prosecutors generally have no time to read the case files. At this time, the prosecutor often does not read the application materials submitted. If it is five or six days after the arrest, the time limit for examining and approving the arrest will expire, and the prosecutor has already had a tendentious opinion on the case. At this time, it may be difficult to change the prosecutor's impression of the case by submitting materials and communicating. Prosecutors usually read the documents initially three days after the case is reported and arrested. At this time, submitting application materials and communicating with the case in time can make the prosecutor look at the case more objectively from different angles of investigation and defense, and to a certain extent, it will increase the probability of not approving the arrest.
14. What should a lawyer do to his client during the review and arrest stage?
In the stage of examining and approving the arrest, the lawyer should arrange to meet with the client as soon as possible, and inform the client that the stage of examining and approving the arrest is a key opportunity to obtain bail pending trial. On the basis of analyzing the case and clarifying the defense ideas for the client, the client can objectively and clearly state the facts of the case when facing the prosecutor's arraignment, highlighting the reasons that can be recognized by the prosecutor and can be considered as not approving the arrest. Even if you can't win the arrest based on the case, the polite, sincere and frank attitude of the parties will become a plus item.
15. after arrest, can I still apply to the public security organ for bail pending trial?
After the arrest was approved, the case was returned to the public security organ for further investigation. At this time, the case-handling unit is still the public security organ. The public security organ still has the right to release the criminal suspect on bail pending trial, without the consent of the procuratorate. According to the law, it is only necessary to notify the procuratorate that approved the arrest of the suspect. At this time, you can still apply to the public security case-handling unit for bail pending trial.
However, it is very difficult to apply to the public security organ for bail pending trial after the arrest. Although the law stipulates that the public security organ does not need the consent of the procuratorate at this time, in practice, the public security organ usually communicates with the procuratorate in advance, which can be regarded as increasing the complexity of the public security organ's bail pending trial.
16. What should I pay attention to when applying for the review of the necessity of detention?
After arrest, the common way to apply for bail pending trial is to submit an application for examination of the necessity of detention to the procuratorate that made the arrest decision.
Note: Be sure to submit the application in time, that is, grasp the timing of submission. I basically don't agree to submit an arrest just after arrest. You can't just be arrested by the same procuratorate and let people go, unless there are legal reasons. In addition, when examining the application for the necessity of detention, if it is not completely certain, we must carefully put forward the innocent defense opinion. When examining the application for the necessity of detention, lawyers are generally required to produce new evidence materials and reasons that are beneficial to the parties, and the hope of success will be greater.
17. How do fugitives apply for bail pending trial?
Fugitives are generally chasing after each other online. Under the modern high-tech investigation means, it is impossible to escape the law. Even if they can escape temporarily, they will not only face mental stress, but also their living standards will be greatly affected. Once a fugitive is caught, it is often difficult to get bail. At this point, the best chance to get a guarantor is to surrender. For criminal suspects who surrender themselves, it is not only relatively easy to get a guarantor, but also helpful to get a lighter final result.
Before surrendering, the fugitive himself, his family members or lawyers can get in touch with the public security case-handling unit, and they can put forward corresponding excuses when contacting, because the defense of the nature of the act stipulated by law does not affect the determination of the circumstances of surrender. It is best to carry out the corresponding work through professional criminal lawyers, because they are experienced, know where the arguments of the case are, and know the communication methods with the case-handling unit, so they are more likely to be released on bail pending trial.
The same is true of fugitives abroad. At present, the country's policy of persuading fugitives abroad is relatively loose. As long as the policy is met, the work is in place, and you return to China to surrender, there is a great chance of getting a guarantor.
In short, it is necessary to understand the rules of bail pending trial and try to hire professional criminal lawyers. Through professional work, the success rate of bail pending trial will be greatly improved. Even if the guarantor cannot be obtained for objective reasons such as the seriousness of the case, it can lay a good foundation for obtaining a good case result in the future.