1, first, apply for bail pending trial. Criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures, that is, to obtain bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be in written form;
2. Secondly, the decision to get a bail pending trial. There are three decision-making organs, namely public security organs, people's procuratorates and people's courts. After receiving the application for bail pending trial, it shall make a reply on whether to agree or not within 7 days. If it is decided to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a written decision on bail pending trial and an execution notice on bail pending trial shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit;
3. Execute bail pending trial. The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 7 1 during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
Legal basis: Article 67 of the Criminal Procedure Law of People's Republic of China (PRC).
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.