1, apply for bail pending trial.

Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for 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 made in writing.

2. The decision to obtain bail pending trial.

The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made 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 "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit.

Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement.

In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial.

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 56 of the Criminal Procedure Law 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.

4. Time limit for obtaining bail pending trial.

The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months.

During the second trial of the people's court, if the detention period of the criminal suspect has exceeded the fixed-term imprisonment sentenced by the court of first instance, it is also applicable to bail pending trial. Criminal suspects, their legal representatives and close relatives may also apply for bail pending trial.

Data expansion

Bail is short for bail and bail release. Provide security for criminal defendants detained by judicial organs and release them. In capitalist countries, bail must be applied for and paid by the defendant or his legal representative or guarantor.