I. Legal conditions for obtaining bail pending trial:
Article 65 of the Criminal Procedure Law stipulates that 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:
( 1)? May be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2)? May be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social danger;
(3)? Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not be socially dangerous if they are released on bail pending trial;
(4)? If the detention period expires and the case has not yet been concluded, it is necessary to obtain bail pending trial.
Bail pending trial shall be executed by the public security organ.
2. Who can apply?
1, detained criminal suspects, defendants and their legal representatives and close relatives have the right to apply for bail pending trial; The lawyer hired by the suspect when he was arrested. You can apply for bail pending trial.
2. The application for bail pending trial shall be made in written form.
3. When should I reply?
The organ that has the right to decide shall make a reply on whether to agree or not within 7 days after receiving the written application. Those who meet the conditions of obtaining a guarantor pending trial and put forward a guarantor or can pay a deposit shall go through the relevant formalities according to law; If the applicant does not meet the statutory conditions for obtaining a guarantor pending trial and does not agree to obtain a guarantor pending trial, it shall inform the applicant and explain the reasons for not agreeing.
Four. The flow chart of applying for bail pending trial is as follows:
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In judicial practice, it is meaningless for one party to apply for bail pending trial. I work in the procuratorate. In fact, bail pending trial is entirely up to the judicial authorities. If the judiciary thinks that you can get bail pending trial, even if you have never applied, you can still get bail pending trial. If the judiciary thinks it is not suitable for bail pending trial, it is useless for you to apply every day.
Suggestion: focus on where it can work. At present, it is best to hire a lawyer with professional criminal defense experience and have a good relationship with the judicial department. If there is any situation, you can directly report it to the judicial organs, or you can directly ask the parties in the detention center to grasp the real situation of the case so as to take targeted measures.