The criminal suspect, the defendant himself, his legal representative, close relatives and defenders need to apply to the public security, procuratorate or court 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 the provisions of Article 106 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.
legal ground
Article 66 of the Criminal Procedure Law The people's courts, people's procuratorates and public security organs may, according to the circumstances of a case, arrest a criminal suspect or defendant, obtain a guarantor pending trial or place him under residential surveillance.
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.
Extended data:
Criminal Procedure Law of the People's Republic of China
Article 68 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 70 A guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 71 of this Law.
(2) If it is discovered that the warrantee may or has violated the provisions of Article 71 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 71 of this Law and the warrantor fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.
Article 69 A guarantor 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 70 A guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 71 of this Law.
(2) If it is discovered that the warrantee may or has violated the provisions of Article 71 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 71 of this Law and the warrantor fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.