The following is to answer your question about the conditions of criminal bail pending trial.
Bail pending trial is a criminal compulsory measure, and the public security law can grant bail pending trial to criminal suspects or defendants. However, the executing organ of bail pending trial is the public security organ. The following circumstances can be released on bail pending trial:
First, it may be sentenced to control, criminal detention or independent application of additional punishment;
Second, it may be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social harm;
Third, women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not cause social harm if they are released on bail pending trial;
Fourth, if the detention period expires and the case has not yet been settled, it is necessary to get a bail pending trial.
Legal objectivity:
Introduction: I usually hear a lot about bail pending trial, but I know very little. In criminal cases, criminal suspects are usually detained in criminal detention, and some will be released on bail pending trial, but not all criminal suspects have the conditions to be released on bail pending trial. What conditions should they have? The requirements for obtaining bail pending trial are as follows: The applicable conditions for obtaining bail pending trial, Article 51 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may obtain bail pending trial for criminal suspects and defendants in any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger. In most criminal cases, the defendant is detained, and handling bail pending trial plays a very important role in criminal defense. So what are the conditions for bail pending trial? In fact, the law has very broad provisions on bail pending trial. According to Article 5 1 of the Criminal Procedure Law, a criminal suspect or defendant may be released on bail pending trial under any of the following circumstances: (1) He 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. As can be seen from the regulations, its scope covers all crimes except life imprisonment and death penalty, and "no social danger" can be applied to almost any case. Lawyer Zhao Li of China Criminal Defense Network However, it is precisely because of the broad legal provisions that there are many uncertain factors in the handling of bail pending trial in practice. In most cases, the suspect and the defendant's family members think that they meet the conditions of bail pending trial, but the case-handling unit thinks that they do not. But it is a strange phenomenon that everyone can draw two different conclusions by applying the same standard. According to the author's judicial practice of criminal defense for many years, in fact, the case-handling unit still holds another set of unwritten standards. That is to say, in practice, in addition to the above two provisions, it is easier to apply for bail pending trial if the following conditions are met: (1) Non-violent crimes. Compared with violent crimes, non-violent crimes such as theft, robbery and fraud are easier to get bail pending trial; (two) may be sentenced to fixed-term imprisonment of not more than three years. In practice, more than 90% defendants released on bail pending trial may be sentenced to probation, and the premise of probation is criminal detention and fixed-term imprisonment of less than three years. If the defendant is released on bail during the trial, sentenced to more than three years' actual punishment because he can't be suspended at the time of judgment, and then put into prison, it will make the defendant lack understanding of the law, have a fear of difficulties, and be confused about the law, which is not conducive to its reform. Therefore, in judicial practice, it is possible to be sentenced to more than three years in prison, and it is difficult to get a bail pending trial. (3) Having serious diseases that seriously endanger life and health. In judicial practice, those who apply for bail pending trial on this ground will only be granted bail pending trial if the circumstances are serious enough to endanger life and health. (4) pregnant women. (5) Confessors. If you don't plead guilty, it is generally difficult to get bail pending trial. (six) property cases, return stolen goods, and actively pay fines. (seven) cases of personal injury, actively compensate the victim, and strive for the understanding of the victim. Of course, the above conditions are not omnipotent, omnipotent. In practice, we should respond according to the actual situation of the case. The author thinks communication is very important. It is not very difficult to communicate with the case-handling personnel and units, communicate with the victims, coordinate all aspects of relations, and strive for bail pending trial.