Bail is introduced

Bail is that the public security organs, people's Procuratorate and the people's court for not being trial of the suspect, the defendant, to prevent the escape of investigation, prosecution and trial, shall be ordered to provide a guarantor or pay money, and provide the guarantee, guarantee becking call a mandatory measures.

The bail system of Anglo American countries and China"Bail"Similar, but because of differences in the legal system, social concept, bail and"Bail"There is a difference between the applicable scope, applicable condition of the system, but one thing is the same: the criminal suspect to provide security to the judicial organ, criminal suspects to obtain the relative freedom of the person on trial, but should promise to call.

Bail is mainly applied in the following cases:

(a)May be sentenced to public surveillance, detention or independent additional penal apply; (two) may be sentenced penalty above, take bail, not cause danger to the society; (three) should be arrested the suspect who is suffering from a serious disease, or are pregnant, lactating since Ji Wei one year old baby (women; four) on the detention of criminal suspects, the evidence does not meet the conditions for arrest; (five) after the arrest, prosecution not to approve arrest, need to review, review; (six) the criminal suspect in custody cases, it cannot be completed within the statutory time limit, the need to continue the investigation;(Seven) prosecuted, prosecutors decided not to prosecute, need to review, review.

The following cases: (not bail1)Recidivism(2)The principal criminal group(3)Evade detection by self injury, self mutilation to suspect(4)The crime of endangering national security,(5)Violent crime(6)Other serious criminal suspects.

The role of lawyers in the bail

Application for bail for the party, and provide legal service is a lawyer's important work point. Ninety-sixth the provisions of criminal procedure law:"If the criminal suspect is arrested, the appointed lawyer may apply for bail."Lawyers accept party entrusts, the agent status, if the criminal suspects, defendants arrested by public security organs, the lawyer may apply for bail, let the suspect, the defendant before the free trial.

    One, to meet with the criminal suspect, the defendant

The meeting with the criminal suspect, the defendant is an important way to understand the details of the case law. Especially in the stage of investigation, lawyers do not enjoy reading right, the case cannot be understood by reading books, meet with the criminal suspect, defendant, direct access to the information, is particularly important. The meeting with the criminal suspect, the defendant lawyer, is the first step to apply for bail.

In the trial, in addition to the investigation organ, the people's court prosecution, the staff can meet with the criminal suspect, the defendant, the lawyer can also meet with the entrusted. Specifically, the suspect, the defendant's family did not visit. In fact, before the trial, criminal suspects, defendants family visits the desire is very strong. Before the trial, not suspect family visits the suspect, but can be money, letters to the guard.

    Two, investigation, collect evidence consistent with bail conditions

Investigation and evidence collection is a statutory right of lawyer. "Criminal Procedure Law" the thirty-seventh stipulation: lawyer with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them. Defense lawyers with permission of the people's Procuratorate or the people's court, and the victim victims or their close relatives, provide witness agree, can collect information pertaining to the current case to them. "Lawyers Law" thirty-fifth article: "attorney to investigate the evidence, with lawyers and law firms practicing certificate to prove, to investigate relevant units or individuals undertaking legal matters with the situation." 

The lawyer investigation of evidence, is evidence of a law, obtain evidence can be submitted to the investigation organ, the inspection authority, the people's court, to prove himself to mention claims or defense opinions, judicial organs as the case may be adopted, but shall not be refused to accept the evidence.

The lawyer investigation application for bail and bail, serve the purpose, focus on "the parties in accordance with the bail conditions". Investigation and evidence collection point (usually include1) to suspect, defendant's friends, colleagues collected their character, personality, to help prove their personal danger is low, the bail application would not endanger the society. (2) to the criminal suspects and defendants, neighbors, friends, doctors take their suffering from a malignant disease, evidence is pregnant or breast-feeding under one year old baby, to show that the bail conditions. (3Other evidence to prove) survey, the current evidence, the suspect, the defendant does not meet the conditions of arrest, it shall change coercive measures to bail.

    Three, to guide the suspect families find suitable guarantor

The inner meaning of bail to guarantee judicial authority. Criminal procedure law.Rule fifty-third: the people's court, the people's procuratorates and the public security organs decision pending trial of criminal suspects, defendants on bail, shall order the suspect, the defendant to provide a guarantor or pay money.

The guarantor shall have legal conditions, and shall perform the relevant legal obligations. As a lawyer, can make use of professional knowledge, guide the suspect families find suitable guarantor, and the guarantor to provide information to the judicial organ. The guarantor shall not involved in this case; the ability to perform warranty obligations; enjoy the political rights, not subjected to restriction of personal freedom; have a fixed residence and income. In practice, to ensure the best have certain popularity in the local, such as the village head, neighborhood committee director, such guarantees are more likely to achieve judicial approval, by the judicial organ to accept. As for supervision of criminal suspects and defendants, principles, to ensure a good candidate neighbor is human, and is easy to be accepted by the judicial organ.

    Four, to the public security organs, procuratorial organs, the people's court "bail application"

Write a "bail application" is a lawyer to apply for bail pending a final step.

The application shall clearly state the case name, name, the suspect in the way of security, the main reason as well as the application and basis, and attached the relevant evidence to show that the suspect, in accordance with the bail conditions. "Bail application by lawyers in accordance with the usual format". A letter of attorney, the applicant to lawyers, lawyers applicant status.

In the investigation stage, "bail application form" submitted to the investigation organ; in the stage of review and prosecution, "bail application submitted to Procuratorate"; at the trial stage, "the bail application" submitted to the people's court.

   Five, released on bail pending trial is successful, the criminal suspect, guide guarantee to fulfill legal obligations

   Bail is conditionally given freedom of citizen. Released on bail pending trial is successful, the criminal suspect shall perform the corresponding obligations, otherwise, the suspect, the defendant may be collected, at the same time deposit will be forfeited, the guarantor of dereliction of duty, the guarantor may be punished. The suspect, the defendant, the guarantor may not be clearly aware of its legal obligations, the lawyer can use their professional knowledge, guide the suspect, the defendant, the guarantor to comply with the statutory obligations. The suspect, the accused was released on bail, should mainly include the following: (obligations1) without the approval of the organ executing shall not leave the living city, county (2In communications) time (custody3) not to interfere in any form (witness4) shall not destroy or falsify evidence, or collusion. Guarantor obligation mainly includes: (1) to guarantee to fulfill legal obligations (2) when the warrantee fails to comply with the obligations of guarantor pending trial period, report to the judicial organ in a timely manner.

Bail can be applied, can also according to the authority of. In practice, the judicial organ according to the authority of the bail is relatively less. The lawyer, to meet with the criminal suspect, defendant, collecting the relevant evidence, to the competent authorities to submit the application, explain the reasons and basis, and provide other legal services, make the crime suspect, accused person the maximum freedom of citizen, to maximize the interests of the parties.