1. I or my family members and my lawyer apply to the case-handling organ for bail pending trial.
2. The case-handling organ shall fill in the Report on Application for Bail Pending Trial, which shall be approved by the person in charge of the county-level public security organ.
3. The guarantor or deposit shall be submitted for examination by the case-handling organ. If there is a guarantor, fill in the letter of guarantee.
4. fill in the decision on bail pending trial.
5. announce the regulations, explain the matters and inform the legal responsibility to the person who has been released on bail pending trial.
6. hand over the bail pending trial to the police station for execution.
7. Get bail pending trial (the longest period is twelve months).
the people's court, the people's procuratorate and the public security organ shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.
legal basis:
criminal procedure law of People's Republic of China (PRC)
article 56 confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, witness testimony and victim statements collected by illegal methods such as violence and threats shall be excluded. If the collection of material evidence and documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be made; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded. Evidence that should be excluded during investigation, examination, prosecution and trial shall be excluded according to law and shall not be used as the basis for prosecution opinions, prosecution decisions and judgments.
article 57 if a people's procuratorate receives a report, charges, reports or finds that investigators have collected evidence by illegal means, it shall investigate and verify it. If the evidence collected by illegal means is true, it shall put forward rectification opinions; If a crime is constituted, criminal responsibility shall be investigated according to law.
article 58 in the course of court hearing, the judge thinks that there may be cases of collecting evidence by illegal means as stipulated in article 56 of this law, and shall conduct court investigation on the legality of collecting evidence. The parties, their defenders and agents ad litem have the right to apply to the people's court to exclude evidence collected by illegal means according to law. When applying for the exclusion of illegally collected evidence, relevant clues or materials shall be provided.
article 59 the people's procuratorate shall prove the legality of evidence collection in the process of court investigation. If the existing evidence materials cannot prove the legality of evidence collection, the people's procuratorate may request the people's court to notify the relevant investigators or other personnel to appear in court to explain the situation; The people's court may notify the relevant investigators or other personnel to appear in court to explain the situation. Relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the people's court, the relevant personnel shall appear in court.
Article 71 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(1) Without the approval of the executing organ, he shall not leave the city or county where he lives;
(2) If the address, work unit and contact information change, report to the executing organ within 24 hours;
(3) Being present in time when being arraigned;
(4) Do not interfere with the testimony of witnesses in any form;
(5) it is forbidden to destroy or forge evidence or collude with others.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail pending trial to abide by one or more of the following provisions:
(1) Do not enter specific places;
(2) not meeting or communicating with specific personnel;
(3) Do not engage in specific activities;
(4) Submit the passport and other entry and exit documents and driving documents to the executing organ for preservation. If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and pays the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or be placed under residential surveillance or arrested. If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.