The difference between family members' application for bail pending trial and lawyer's application

According to the relevant laws of our country, it is ok for family members or defense lawyers to submit applications for bail pending trial, but there is not much difference in fact. However, since a defense lawyer has been hired, it is better for a lawyer to submit an application.

First, how do family members apply for bail pending trial?

1. Write an application for bail pending trial.

2 detained by the public security organ, it shall submit an application to the public security organ, pay a deposit or ask a guarantor.

Two, criminal suspects and defendants in any of the following circumstances, can be released on bail:

1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;

2, may be sentenced to more than fixed-term imprisonment, taking bail pending trial will not cause social danger;

3. Suffering from serious illness, unable to take care of themselves, pregnant or nursing a baby, and taking bail pending trial will not cause social danger;

4, 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.

3. At what stage is bail pending trial?

1, investigation stage

The investigation of ordinary cases is handled by the public security organs, and the investigation of duty crimes is handled by the procuratorate.

2. Review and prosecution stage

That is, the procuratorate's review and prosecution stage. The procuratorate may also apply for bail pending trial.

3. Trial stage

You can get bail pending trial before the court decides. People with insufficient evidence and long-term detention can be released on bail at this stage.

Legal basis:

Criminal Procedure Law of the People's Republic of China

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.