What is the process of the lawyer to apply for bail pending trial

There are two main ways for lawyers to accept the commission for bail pending trial, and different ways have different processes. The first is during the detention period to write a "bail pending trial application" to the public security organs. The second is before the arrest decision to the procuratorate. In this case, the lawyer will write a "legal opinion on not approving the arrest", attaching the corresponding evidence to the procuratorate and communicate with the staff. In judicial practice, the first approach is not very meaningful, because for reasons of job responsibilities and different perspectives, the public security organs detained and then released on their own is unlikely, in favor of the second approach. The second way, if the procuratorate does not approve the arrest of the suspect, the public security organs must be released, to achieve the effect of bail pending trial, and the success rate will be higher, the vast majority of judicial practice of bail pending trial from this way, need to pay full attention to and use.

Legal basis

"The Chinese people*** and the State Criminal Procedure Law"

Article 67 of the People's Court, the People's Procuratorate and the public security organs of the following circumstances of the criminal suspects, the accused, can be released on bail pending trial:

(a) may be sentenced to control, detention or independently applicable (b) If the suspect may be sentenced to fixed-term imprisonment or more, and the release on bail pending trial does not pose a social danger;

(c) If the suspect suffers from a serious disease, is unable to take care of himself or herself, or is pregnant or breastfeeding her own child, and the release on bail pending trial does not pose a social danger;

(d) If the period of detention has expired, and the case has not yet been concluded, and the suspect is required to be released on bail pending trial. (d) The expiration of the period of detention, the case has not yet been completed, and it is necessary to take bail pending trial.

The release on bail pending trial is carried out by the public security organs.