How to get bail and how to get it

Pay a security deposit or provide a guarantor.

Legal analysis: 1. Application for release on bail pending further investigation. Detained criminal suspects or defendants, as well as 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.

2. The decision to release on bail pending further investigation. After the public security organs, people's procuratorates, and people's courts receive an application for release on guarantee pending further investigation, they shall make a reply within 7 days as to whether or not they agree to release on guarantee. 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.

Those who do not meet the statutory requirements for release on guarantee pending further investigation are not to be released on guarantee pending further investigation. 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 authorities may, on their own, decide to release on bail pending further investigation as necessary for the facts of the case.

3. Enforcement of release on bail pending further investigation. The enforcement organ for release on guarantee pending further investigation is the public security organ. When enforcing the law, the public security organs shall read the "Decision on Release on Guarantee Pending Investigation" to the criminal suspect or defendant, and have them sign or affix a seal, informing them of the provisions they shall comply with during the period of release on guarantee.

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

Those who meet the conditions for release on bail may apply for release on bail pending further investigation. Upon the decision of the public security organ or other judicial organ, and a guarantor is submitted or a guarantee deposit is paid, release on guarantee may be handled. The condition for release on bail pending further investigation is that he may be sentenced to controlled release, criminal detention or an additional sentence applied independently; where they might be sentenced to fixed-term imprisonment or higher, and the danger to society is small; or at the end of the period of detention, it is transferred to release on guarantee pending further investigation.

[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, 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 that decide 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.

1. What are the procedures for release on bail pending trial?

1. There are three procedures for release on bail pending trial:

1) To apply for posture fraud pending trial, the application shall be made in writing;

2) Enter the post-bail trial decision-making stage, and the public security organ or people's court will make a reply on whether or not to agree to the application;

3) Enter the enforcement phase of release on bail pending further investigation.

2. 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; Buried Clan.

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.

II. What are the requirements for release on guarantee pending further investigation?

1. They might be sentenced to controlled release, short-term detention, or independently applied supplementary punishments. Where criminal suspects or defendants who might be sentenced to controlled release, short-term detention, or independently applying supplementary punishments have relatively minor crimes and there is no need to arrest them, release on guarantee pending further investigation shall be used where there is a possibility of evading investigation, prosecution, or trial, or other obstructions to the smooth progress of the proceedings;

2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation or residential surveillance will not cause danger to society. Fixed-term imprisonment is more severe than controlled release or short-term detention, and criminal suspects or defendants who may be sentenced to a sentence of fixed-term imprisonment or higher have committed more serious crimes, and release on guarantee may be used if there is no danger to society at the time of release on guarantee pending further investigation, and there is no need for arrest.

Legal Analysis: Application for Release on Guarantee Pending Trial: 1. The applicant or his family members and the lawyer hired by him submit an application for release on bail pending further investigation to the case-handling authority.

2. The case-handling organ fills out the "Report on the Petition for Release of the Chain of Protection", which is approved by the person in charge of the county or municipal public security organ. 3. Submit a guarantor or a security deposit, which will be reviewed by the case-handling organ. person, fill in the guarantee form.

4. Fill in the "Decision on Release on Guarantee Pending Trial". 5. Announce the provisions to the person released on bail, explain the matter, and inform him of legal responsibility.

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 is prudent and prudent not to 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) The period of detention is complete, and the case has not yet been completed, and it is necessary to take the position of release on guarantee pending further investigation.

Release on guarantee pending further investigation refers to a compulsory measure taken by the investigating organ ordering a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he or she will not evade or obstruct the investigation, and to be available at any time. It is usually used by criminal suspects who commit minor crimes that do not require detention or arrest, but require certain restrictions on their freedom of movement.

Article 67 of the Criminal Procedure Law: Conditions and Enforcement of Release on Guarantee Pending Trial.

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.

A successful application for bail is possible only if one of the following four conditions is met:

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. Second, an application for release on guarantee pending further investigation shall be submitted to the case-handling organ, stating in detail the facts and reasons for the application for release on guarantee pending further investigation. In the investigation stage, an application is submitted to the public security organs, in the review for prosecution stage, an application is submitted to the people's procuratorate, and in the trial stage, an application is submitted to the people's court.

Then, the applicant for release on bail may be the criminal suspect or defendant himself, a close relative, other relatives or friends, or a defense lawyer. Finally, to apply for release on bail, you must pay a bond or provide a guarantor.

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. Chong Annihilation) may be sentenced to fixed-term imprisonment or higher, and release on bail pending trial 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 suspect or defendant who has committed the crime of scattering a branch or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Article 69 A 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 income.