Bail pending trial is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). Refers to the public security organs, people's procuratorates, people's courts and other judicial organs in order to prevent criminal suspects and defendants from escaping investigation, prosecution and trial, and order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a guarantee to ensure that they are available at any time, and will not be detained or temporarily released.
According to the law, lawyers, as defenders, can meet with criminal suspects in the investigation stage, and only after the lawyers meet can they know the specific circumstances of the case. Therefore, when lawyers apply for bail pending trial for criminal suspects and defendants, they can put forward reasons for bail pending trial according to specific circumstances, so as to increase the possibility of obtaining approval for bail pending trial.
According to the provisions of the Criminal Procedure Law, the following persons may apply for bail pending trial:
1, criminal suspects and defendants in custody;
2. Legal representatives of criminal suspects and defendants in custody;
3. Close relatives of criminal suspects and defendants in custody;
4. Lawyers hired by criminal suspects, defendants and their close relatives in custody.
Matters needing attention for bail pending trial are as follows:
1. After the criminal suspect is detained, the family members should actively reach a compensation agreement with the family members of the other victim to obtain the understanding of the other family members;
2, hire a lawyer to meet with the criminal suspect, understand the case, to meet the conditions of bail pending trial, should apply to the case-handling organ as soon as possible;
3. The suspect himself must have a good attitude and sincerely repent;
4, in line with the conditions of probation probation as far as possible.
Objectively speaking, after a criminal suspect is detained, the most important thing to consider, and the most time-consuming and energy-consuming behavior, is to get a bail pending trial.
Therefore, it is best to hire a lawyer during the period of bail pending trial, and the lawyer will come forward to apply for bail pending trial, but this is not necessary, and ultimately it depends on the choice of family members.
legal ground
Article 119 Time and place of interrogation Article 119 A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
The restrictive provisions on summoning and summoning shall not exceed 12 hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
Article 120 Procedure of Interrogation When interrogating a criminal suspect, investigators should first ask the criminal suspect whether he has committed a crime, let him state his guilt or innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and truthfully confess the legal provisions that his crime can be dealt with leniently and pleaded guilty and given a lighter punishment.