It is the legal right of criminal suspects and their close relatives to apply for bail pending trial. Anyone who has the conditions for obtaining a guarantor pending trial may apply to the case-handling unit for obtaining a guarantor pending trial according to law. However, in practice, the proportion of family members or defendants applying for bail pending trial is low, so it is difficult for criminal suspects and their families to explain clearly the reasons for bail pending trial, and it is also difficult to demonstrate clearly the conclusion that there is no need for detention. Therefore, it is suggested to entrust a professional criminal lawyer to handle bail pending trial, and the probability of success is relatively high under the conditions stipulated by law.
The conditions for obtaining bail pending trial are as follows:
1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2. Those who may be sentenced to more than fixed-term imprisonment shall be released on bail pending trial, so as not to cause social danger;
3. The criminal suspect who should be arrested is seriously ill, or a pregnant woman who is breastfeeding a baby under one year old;
4. For the detained criminal suspect, the evidence does not meet the conditions for arrest;
5. After the request for arrest, the procuratorial organ refuses to approve the arrest and needs reconsideration;
6. The case in which the criminal suspect is detained cannot be settled within the statutory time limit, and the investigation needs to be continued;
7, after the transfer of prosecution, the procuratorial organ decided not to prosecute, the need for reconsideration and review.
To sum up, the family members need the parties and their agents to apply to the case-handling unit to determine whether the parties meet the conditions of bail pending trial. If the case-handling unit believes that social harm will not occur after obtaining a bail pending trial, it may go through the formalities of obtaining a bail pending trial with the approval of the public security organ.
Legal basis:
Article 66 of the Decision on Amending the Criminal Procedure Law of People's Republic of China (PRC).
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, forcibly summon criminal suspects and defendants, obtain bail pending trial or monitor their residence.