1. The name, address, contact information of the applicant and the relationship with the respondent.
2. The name, address, alleged crime, arresting organ and place of detention of the arrested person.
3, the application facts and reasons.
4. Obey authority.
5. Time of submission.
Attachment: The latest model essay on bail pending trial.
Applicant: _ _ _ _ _ _ _ _, male, born on _ _ _ _ _ _ _.
Criminal suspects who have applied for bail pending trial: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Application: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Reason for application: _ _ _ _ _ _ _ _ _ _ _ _ _ _ The suspect was detained by Licheng Branch of Jinan Public Security Bureau on _ _ _ _ _ _. The criminal suspect was born in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Therefore, according to the provisions of Articles 5 1 and 96 of the Criminal Procedure Law of People's Republic of China (PRC), this application is hereby submitted for your approval.
I am here to convey
Applicant: _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The specific process of bail pending trial is as follows:
1, apply for bail pending trial.
Criminal suspects and defendants in custody, their legal representatives and close relatives, and lawyers hired by criminal suspects have the right to apply for bail pending trial.
2. The decision to obtain bail pending trial.
The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit.
3. Execute bail pending trial.
The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
4. The maximum period of bail pending trial shall not exceed 12 months.
During the period of bail pending trial, the investigation, prosecution and trial of the case shall not be interrupted. If the time limit for obtaining a guarantor pending trial expires, or it is found that criminal responsibility should not be investigated according to the provisions of Article 15 of the Criminal Procedure Law, or the case has been closed, the original decision-making organ shall make a decision to revoke the guarantor pending trial, and notify the public security organ responsible for implementation.
Conditions for obtaining bail pending trial:
Bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). Refers to the public security organs, people's procuratorates, people's courts and other judicial organs in order to prevent criminal suspects and defendants from escaping investigation, prosecution and trial, and order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a guarantee to ensure that they are available at any time, and will not be detained or temporarily released. Handled by the public security organs.
Legal basis: Article 51 of the Criminal Procedure Law of People's Republic of China (PRC).
The burden of proof that the defendant is guilty in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof that the defendant is guilty in a private prosecution case shall be borne by the private prosecutor.
Article 96
If the people's courts, people's procuratorates and public security organs find that the compulsory measures taken against criminal suspects and defendants are improper, they shall promptly revoke or change them. If the public security organ releases the arrested person or changes the arrest measures, it shall notify the people's procuratorate that originally approved it.
Article 67
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 shall be executed by the public security organ.