Before making a request for arrest, a defense lawyer may apply to the public security organ for bail pending trial.
At the stage of examining and approving the arrest, the defense lawyer may apply to the procuratorial organ for not approving the arrest and strive for the relative non-arrest of the criminal suspect.
After the criminal suspect is arrested, the lawyer can still strive for the opportunity to change the compulsory measures for the criminal suspect at the stage of examination and prosecution through work. For example, actively return stolen goods and compensation in cases of property infringement or economic crimes.
In the stage of examination and prosecution, although the procuratorial organ can examine the necessity of detention ex officio, it does not rule out the possibility that the examination of the necessity of detention at this stage will become a mere formality because of too many cases. At this stage, defense lawyers should seize this opportunity to explain the reasons why the suspect does not need to continue to be detained and provide relevant supporting materials.
In short, the defense work of criminal lawyers may promote the achievement of relevant conditions, and then achieve the effect of bail pending trial. For example, in cases of intentional injury and trouble-making, if the criminal suspect fails to compensate the victim or obtain an understanding before entrusting a lawyer, the judicial organ will not take compulsory measures for the criminal suspect to obtain bail pending trial. However, if the lawyer's work can enable the suspect and the victim to reach a settlement agreement and obtain the understanding of the victim, it will create one of the "reasons why the suspect does not continue to be detained".
2. How do criminal suspects get bail pending trial?
Article 7 of the Provisions of the People's Procuratorate on Handling Cases of Necessity of Detention Review (Trial) stipulates that "if a criminal suspect, defendant, his legal representative, close relative or defender applies for the necessity of detention review, he shall explain the reasons why he does not need to continue to be detained. If there are relevant supporting materials, they should be provided together. " Therefore, in applying for bail pending trial, it is very important to provide relevant materials to prove that the suspect meets the conditions of bail pending trial, in addition to the application form.
At the same time, Article 13 of the Provisions of the People's Procuratorate on Handling Cases of Detention Necessity Review (Trial) stipulates that "the People's Procuratorate may conduct the detention necessity review in the following ways: (1) examine the reasons and supporting materials for the criminal suspect and defendant not to continue detention; (2) Listening to the opinions of criminal suspects, defendants and their legal representatives and defenders; ..................................................................................................................................................................................
Defense lawyers should be familiar with the factors considered by judicial organs when comprehensively evaluating whether it is necessary to continue to detain criminal suspects and defendants, including but not limited to whether criminal suspects and defendants are suspected of committing crimes, subjective malignancy, penitence, physical condition, case progress, possible punishment and the danger of endangering society again.
In view of the fact that judicial organs may adopt quantitative methods to evaluate whether it is necessary for criminal suspects and defendants to remain in custody, and set specific standards such as adding points, subtracting points and refusing items, and take the scores of criminal suspects and defendants as a reference for comprehensive evaluation, defense lawyers can also learn from this method and present the factors that criminal suspects and defendants meet the conditions of bail pending trial to judicial organs in the form of table evaluation.