Bailment

The process of bail pending trial:

1. Application for bail pending trial. The detained criminal suspect, defendant and their legal representatives or close relatives have the right to apply for bail pending trial. If the criminal suspect is arrested, the lawyer hired by him can apply for bail pending trial for him. The application for bail pending trial should be in written form.

2. Decision on bail pending trial. After receiving the application for bail pending trial, the public security organs, the people's procuratorate and the people's courts shall make a reply within 7 days whether they agree or not. If a decision is made to grant bail pending trial to a criminal suspect or defendant, it shall be reported to the head of the public security organ at or above the county level, the chief procurator of the procuratorate or the president of the people's court for approval, and the "Decision on Bail Pending Trial" and "Notice of Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to provide a guarantor or pay a deposit. Bail pending trial shall not be granted to those who do not meet the statutory conditions for bail pending trial. If bail pending trial is not granted, the applicant shall be informed and the reasons for the disapproval shall be stated. In addition, the judicial organ may decide on bail pending trial on its own according to the needs of the case.

3. Execution of bail pending trial. The execution agency of bail pending trial is the public security agency. When executing, the public security agency shall read the "Decision on Bail Pending Trial" to the criminal suspect or defendant, and ask him to sign or stamp it, and inform him of the regulations that he should abide by during the period of bail pending trial. If the criminal suspect or defendant does not violate the provisions of Article 71 during the period of bail pending trial, after the expiration of the period of bail pending trial, the public security agency responsible for execution shall return the bail to the criminal suspect or defendant and inform the guarantor to release the guarantee.

Conditions for bail pending trial:

Article 67 of my country's Criminal Procedure Law stipulates that the people's courts, people's procuratorate and public security organs may grant bail pending trial to criminal suspects and defendants who meet any of the following circumstances:

(i) Those who may be sentenced to public surveillance, criminal detention, or the additional punishment may be applied independently ;

(ii) Those who may be sentenced to fixed-term imprisonment or above, and taking bail pending trial will not cause social danger;

(iii) Women who suffer from serious diseases, cannot take care of themselves, are pregnant or are breastfeeding their babies, and taking bail pending trial will not cause social danger;

(iv) The detention period has expired, and the case has not been concluded, and bail pending trial is required.