Hangzhou chun' an criminal lawyer consultant

Q: Lawyer: My friend has been detained in criminal detention, and the trial will begin immediately. The date has not yet been set. Because my friend's mood fluctuated greatly in the detention center, he refused to communicate with his lawyer, and the invited lawyer also gave up defending in court. My friend's family is very anxious and wants to do ideological work for him, but I can't contact my friend. What I want to ask is, during criminal detention and arrest, how can family members see him in person except lawyers? Can I apply to the court for bail pending trial? Is there any other way? Please point out the maze, thank you! Lawyer teacher: My friend has been detained in criminal detention, and the court will begin immediately. The date has not yet been set. Because my friend's mood fluctuated greatly in the detention center, he refused to communicate with his lawyer, and the invited lawyer also gave up defending in court. My friend's family is very anxious and wants to do ideological work for him, but I can't contact my friend. What I want to ask is, during criminal detention and arrest, how can family members see him in person except lawyers? Can I apply to the court for bail pending trial? Is there any other way? Please point out the maze, thank you!

A: The Scout Law Online Consultation will answer your question.

1. If the criminal suspect did not violate the provisions of Article 56 of the Criminal Procedure Law during the period of bail pending trial, the public security organ shall return the deposit in full to the criminal suspect while releasing the bail pending trial.

Article 56 stipulates: Obligations of persons released on bail pending trial.

(a) without the approval of the executive organ, shall not leave the city or county where they live;

(2) Being present in time when being arraigned;

(three) shall not interfere with the testimony of witnesses in any form;

(four) shall not destroy or forge evidence or collusion.

If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor residence and be arrested. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial.

2, decided to return the deposit, should go through strict examination, approved by the person in charge of the public security organ at or above the county level, issued a "decision" to return the deposit.

3. After the public security organ decides to return the deposit of the criminal suspect, it shall notify the designated bank to return the deposit to the criminal suspect in full while the criminal suspect is released on bail pending trial, and order the criminal suspect to sign or seal the decision on returning the deposit.

Therefore, if the person on bail does not violate the relevant provisions of the law during the period of bail pending trial, the deposit for bail pending trial shall be returned.