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How to get bail in criminal detention

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How to get bail in criminal detention


        

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  • 2024-06-18 06:00:50

    The criminal suspect and defendant in custody, their legal representatives and close relatives shall have the right to apply for obtaining a guarantor pending trial. If a criminal suspect is arrested, his lawyer may apply for a guarantor pending trial. Detained criminal suspects

    The defendant and his legal representative, close relatives and lawyer shall apply for bail pending trial in written form, and the organ with the power to decide shall reply whether to agree or not within 7 days after receiving the written application. For those who meet the conditions for obtaining a guarantor pending trial and have proposed a guarantor or can pay the deposit, the public security and judicial organs shall agree and go through the procedures for obtaining a guarantor pending trial according to law. If they do not meet the legal conditions for obtaining a guarantor pending trial, they do not agree to obtain a guarantor pending trial. If they do not agree to obtain a guarantor pending trial, they shall inform the applicant and explain the reasons for their disagreement.

    Legal basis

    Article 67 of the Criminal Procedure Law of the People's Republic of China, the people's courts, the people's procuratorates and the public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
    (1) Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary 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) A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger;
    (4) When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial.
    Obtaining a guarantor pending trial shall be executed by the public security organ.

  • criminal Relevant knowledge

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