My wife will go through bail pending trial in Haitang Branch of Sanya Public Security Bureau on April 6, 2023. Can we entrust a local lawyer to go through the relevant procedures for lifting the bail pending trial?

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, the following is the answer to your question about the time of obtaining a guarantor pending trial in Sanya. According to the law, the case handling authority will decide whether to approve or not within three days after receiving the application for obtaining a guarantor pending trial. As long as the case handling authority agrees, the police will go through relevant procedures to release the person.
Legal provisions:
Article 95 of the Criminal Procedure Law, criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people, 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 modification of the compulsory measures, it shall notify the applicant and explain the reasons for its disagreement.

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, the following are the answers to your questions about the conditions for obtaining a guarantor pending trial in Sanya. A criminal suspect can obtain a guarantor pending trial under one of the following circumstances:;
1. Those who may be sentenced to public surveillance, criminal detention or additional punishment;
2. It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger;
3. If the criminal suspect or defendant who should be arrested is seriously ill, or is a woman who is pregnant or breast-feeding her own baby under the age of one year;
4. The evidence of the criminal suspect to be arrested is insufficient;
5. After a request for arrest is made, a decision is made not to continue the investigation and the public security organ considers that reconsideration and review are necessary;
6. The case of a criminal suspect in custody cannot be completed within the statutory time limit and needs to continue investigation.

Answered thirty-two thousand five hundred and seven Legal advice>

The answer to your question is as follows,
1. The amount of security deposit for obtaining a guarantor pending trial shall be determined by the case handling organ, and the minimum amount shall not be less than 1000. Article 83 of the Provisions on the Procedure of Public Security Organs in Handling Criminal Cases (Order No. 127 of the Ministry of Public Security), the starting amount of the security deposit of a criminal suspect is 1000 yuan. The specific amount shall be determined by comprehensively considering the need to ensure the normal conduct of litigation activities, the social danger of the criminal suspect, the nature and circumstances of the case, the severity of possible punishment and the economic situation of the criminal suspect.
2. As long as there is no violation of the provisions during the period of obtaining a guarantor pending trial, the deposit will be returned in full when the compulsory measures are changed or cancelled. Article 97 of the Provisions on the Procedure of Public Security Organs in Handling Administrative Cases (Order No. 125 of the Ministry of Public Security), if the person on bail has not violated the relevant provisions of Articles 85 and 86 of these Provisions, nor committed a new intentional crime, or has one of the circumstances specified in Article 183 of these Provisions, he shall be released from the bail pending trial At the same time as the compulsory measures are changed, the public security organ shall make a decision on returning the deposit and notify the bank to return the deposit in full.