Can a criminal suspect apply for bail pending further investigation for himself?

Hello, the suspect himself has the right to apply. It is based on the provisions of the Criminal Procedure Law of our country:

Article 52: Criminal suspects or defendants in custody, as well as their legally-designated persons and close relatives, have the right to apply for release on guarantee pending further investigation.

Article 15: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or not guilty

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

In criminal cases directly responsible for investigation, the procuratorate shall withdraw the case (at the investigation stage) or make a decision not to prosecute (the investigation is completed).

OK. As long as the case-handling organ finds that the conditions are met, it will be handled in accordance with law.

Conditions for release on bail pending trial as stipulated in the Criminal Procedure Law:

Article 65: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

The Criminal Procedure Law stipulates that a guarantor or bond is required:

Article 66: People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

No, only family members and lawyers can apply.

For applications for release on guarantee pending further investigation, detained criminal suspects or defendants, their legally-designated persons, and close relatives have the right to submit an application for release on guarantee pending further investigation. Where a criminal suspect is arrested, the lawyer he hires may apply for release on guarantee pending further investigation. Applications for release on guarantee pending further investigation shall be in writing.

The time for making a decision on a bail application is calculated from the date of application, and the decision-making authority shall make a decision within 7 days.

In accordance with the provisions of law, the public security organs, people's procuratorates, and people's courts shall make a reply within 7 days of receiving an application for release on guarantee pending further investigation. Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, it shall be reported to the responsible person at a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval, and a "Decision on Release on Guarantee Pending Investigation" and a "Notice of Enforcement of Release on Guarantee Pending Investigation" shall be issued, and the criminal suspect or defendant shall be ordered to provide a guarantor or pay a guarantee deposit. and where the legally-prescribed requirements for release on guarantee pending further investigation are not met, release on guarantee pending further investigation is not granted.

Where they do not agree to release on guarantee pending further investigation, they shall inform the applicant and explain the reasons for not agreeing. In addition, the judicial organs may, according to the needs of the case, decide on their own to release on bail pending further investigation.

The organ making the decision on release on guarantee shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that might be given, and the economic status of the person released on guarantee, to determine the amount of the guarantee deposit.

Finally, if the people's procuratorate does not approve the arrest, the public security organs shall immediately release them after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

In addition, according to article 65 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

Legal Analysis: If the conditions for release on guarantee are met, the criminal suspect may apply for release on bail pending further investigation on his own.

Criminal suspects or defendants in any of the following circumstances may be released on guarantee pending further investigation:

1.where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2.A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

3.Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society;

4.The period of detention has expired, and the case has not yet been completed, and it is necessary for Qiao Yuqing to be released on bail pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to submit a guarantee guarantee or pay a guarantee deposit.

Article 69 The guarantor must meet the following conditions:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

3) Enjoy political rights and have not had their personal liberty restricted;

4) Have a fixed place of residence and an income from a virtual servant.

OK. Criminal suspects may apply for release on bail pending further investigation on their own, as long as they imitate meeting the requirements for release on bail pending further investigation. Persons who should be arrested may be released on bail if they are found to have a serious illness, or if they are pregnant, breastfeeding their own children, or if they have committed less serious crimes.

Legal basis. Article 67 of the Criminal Procedure Law of the People's Republic of China.

The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, and the case has not yet been completed, and it is necessary to take a step forward in guarantee.

Release on guarantee pending further investigation is to be enforced by the public security organs.

If a criminal suspect is criminally detained or arrested, the criminal suspect may apply for release on guarantee pending further investigation as long as the conditions for release on guarantee pending further investigation are met. In accordance with Article 67 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on guarantee pending further investigation under any of the following circumstances: 1. They may be sentenced to controlled release, short-term detention, or independently apply supplementary punishments; 2. A sentence of fixed-term imprisonment or higher may be imposed, and release on guarantee pending further investigation will not cause danger to society; 3. Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and taking bail pending trial will not cause danger to society; 4. The period of detention has expired and the case has not yet been concluded, and Tongdai needs to be released on bail pending further investigation.

The process for the criminal suspect to apply for release on guarantee pending further investigation: first, the criminal suspect submits an application for release on guarantee pending further investigation to the case-handling organ; Then, after review by the case-handling organ, if the applicant agrees to be released on guarantee pending further investigation, the applicant shall provide corresponding guarantees to the case-handling organs: one is to provide a guarantor guarantee.

The other is to provide a security deposit.

Legal basis. Article 68 of the Criminal Procedure Law.

People's courts, people's procuratorates, and public security organs shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit when deciding to release a person or defendant on guarantee pending further investigation.

Article 69.

The guarantor must meet the following criteria:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

3) Enjoy political rights and have not had their personal liberty restricted;

4) Residence and income with solid surplus, rotten, erection and leakage.