But you can also get a lawyer. Lawyers can provide some convenience. Lawyers, as professional defenders, can put forward reasons for bail pending trial according to specific circumstances when applying for bail pending trial for criminal suspects and defendants, so as to increase the possibility of obtaining approval for bail pending trial.
Bail pending trial refers to a compulsory measure that the investigation organ orders the criminal suspect to provide a guarantor or pay a deposit and issue a letter of guarantee to ensure that he does not evade or hinder the investigation. Usually used for criminal suspects whose criminal circumstances are minor and need not be detained or arrested, but whose freedom of movement needs to be restricted to a certain extent.
legal ground
Article 52 of the Criminal Procedure Law of People's Republic of China (PRC) * * * The detained criminal suspect, defendant, his legal representative and close relatives have the right to apply for obtaining a bail pending trial.
Article 53 of the Criminal Procedure Law of People's Republic of China (PRC) * * * When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Article 54 A guarantor as stipulated in the Criminal Procedure Law of People's Republic of China (PRC) must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.
Article 55 of the Criminal Procedure Law of People's Republic of China (PRC), a guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 56 of this Law;
(2) If it is discovered that the warrantee may or has violated the provisions of Article 56 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 56 of this Law and the guarantor fails to report in time, the guarantor shall be fined, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 56 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(four) shall not destroy or forge evidence or collusion.
Article 65 of the Criminal Procedure Law of People's Republic of China (PRC) clearly stipulates that 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:
(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 and residential surveillance shall be carried out by public security organs.