Bail pending trial is a form of bail in criminal proceedings. Under normal circumstances, the trial time will not be too long. If there are no special circumstances, the result will usually be known within one week. However, the specific time may vary due to factors such as regions and cases. If you want to know the specific situation, you can contact the relevant lawyers or legal aid agencies for help.
1. How long does it take to get bail pending trial?
1, the process of bail pending trial, which meets the requirements, usually takes three days. Criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's court, the people's procuratorate and the public security organ shall make a decision within three days after receiving the application.
2. Legal basis: According to Article 97 of the Criminal Procedure Law of People's Republic of China (PRC), criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs 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.
Second, what is the procedure for drunk driving bail pending trial?
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.
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.
Bail pending trial is a common judicial compulsory measure. Under specific circumstances, how long it will take to finish depends on the actual situation involved. There are illegal facts that need to be investigated for legal responsibility, but those without illegal facts can be released after investigation, depending on the actual situation. I hope the above content can help you. If you have any other questions, you can click the button below or consult a professional lawyer in Hualv.com. ..
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 97 of the Criminal Procedure Law of People's Republic of China (PRC)
Criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs 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.
Article 79
People's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail for more than twelve months, and shall not keep them under residential surveillance for more than six months.
During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.