Four essays on applying for bail pending trial

Selected essays on applying for bail pending trial 1

Applicant: XXX, female, 35 years old, Han nationality, from XX city, XX province, now li

Four essays on applying for bail pending trial

Selected essays on applying for bail pending trial 1

Applicant: XXX, female, 35 years old, Han nationality, from XX city, XX province, now living in XXX, and the wife of the criminal suspect XXX.

Suspect who has applied for bail pending trial: XXX, male, 36 years old, from XX city, XX province, now living in XXX.

Application: apply for bail pending trial for the criminal suspect XXX.

The criminal suspect XXXX was criminally detained by the XX District Public Security Bureau of XX City on suspicion of producing and selling fake and inferior products, and is now detained in the XX District Detention Center. The applicant thinks that the respondent is in poor health and is an accessory in the case of suspected production and sale of fake and inferior products, and may be sentenced to fixed-term imprisonment of not more than three years. I hereby apply for bail pending trial and am willing to pay the deposit according to law.

According to the provisions of Article 5 1 and Article 96 of the Criminal Procedure Law of People's Republic of China (PRC), we hereby apply for approval.

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welcome

Selected essays on applying for bail pending trial II

Applicant: female, Han nationality, urban and rural resident, tel. It's the suspect's wife

Criminal suspects who have applied for bail pending trial: male, Han nationality, townsman, factory (post).

On suspicion of illegal possession, he was arrested by the Municipal People's Procuratorate on 20xx, and is now detained in the Municipal Detention Center.

Application: apply for bail pending trial for the criminal suspect.

Facts and reasons: The suspect was arrested by the Municipal People's Procuratorate on suspicion of illegal possession in 20xx. Now that the public security organ has completed the investigation, it has been submitted to the procuratorate for review and prosecution. Considering the criminal nature of the suspect and the relevant circumstances of the case, the factory urgently needs the suspect to come back to participate in the planning and management, and the suspect has been in poor health during his detention, which meets the conditions of bail pending trial stipulated in Article 51 of the Criminal Procedure Law of People's Republic of China (PRC). Therefore, according to the provisions of Article 52 of the Criminal Procedure Law of People's Republic of China (PRC), the applicant is willing to pay a deposit or provide a guarantor according to law when applying for bail pending trial. Please review and approve it in your hospital.

Submitted to the Municipal People's Procuratorate.

Selected essays on applying for bail pending trial 3

Applicant: Lawyer Duan, lawyer of Xi Branch of Beijing Dacheng Law Firm.

Applicant: Lawyer Wang Zhixian, lawyer of Xi Branch of Beijing Dacheng Law Firm.

Application: Request to change the compulsory measure against the criminal suspect Wen xx into bail pending trial according to law.

Reasons for application:

201310/3 The criminal suspect Wen xx was criminally detained by the Public Security Bureau of Yaozhou District of Tongchuan City according to law for committing the crime of gathering people to disturb social order, and is now detained in Yaozhou District Detention Center.

65438+ 10 On June 4th, 65438, an branch of Beijing Dacheng Law Firm accepted the entrustment of Wen xx's wife, appointed two lawyers of our firm as defenders in the investigation stage of Wen xx, and met with the suspect Wen xx on June 5th, 65438+/kloc-0, and learned more about the case.

According to Article 65 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may obtain bail 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 independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.

According to the above provisions, we believe that the compulsory measures can be changed to bail pending trial.

First, Wen xx's alleged criminal behavior belongs to the situation that he may be sentenced to fixed-term imprisonment, public surveillance, criminal detention or deprivation of political rights.

Wen xx was accused of gathering people to disturb social order. According to Article 290 of China's Criminal Law, if gathering people to disturb social order is so serious that work, production, management, teaching and scientific research cannot be carried out and serious losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Second, the case was caused by an economic dispute, not intentionally disturbing social order.

This case is caused by Shandong Liangzhuang Mining Co., Ltd. defaulting on the huge transportation fee and share dividend of Wen xx. Wen xx's behavior belongs to irrational self-help behavior and has not caused harm to the supervisor who disturbed public order.

Third, the case is minor and has no serious consequences.

Wen xx did not block the gate of Shandong Liangzhuang Mining Co., Ltd., and the vehicles of Wen xx and the people who heard that they came to help were just parked on the side of the road, which did not hinder the enterprises from entering and leaving for a long time and did not cause traffic jams.

Fourth, Wen xx has no criminal record.

Wen xx is a law-abiding person with no criminal record or even illegal record.

Fifth, the suspected crime in this case is a non-violent crime, and there will be no danger after bail pending trial.

There is no social danger after Wen xx is released on bail pending trial, and there is no evidence to prove that Wen xx will still cause harm to society after he is released on bail pending trial.

To sum up, we believe that the criminal suspect Wen xx fully meets the conditions of bail pending trial, and the compulsory measures can be changed to bail pending trial, and Wen xx's family is willing to provide guarantee.

We believe that the new criminal procedure law has made a major reform on the system of obtaining a guarantor pending trial, with the purpose of saving people who may commit crimes to the maximum extent, reducing the pretrial detention rate, and protecting criminal suspects from the pollution of other criminal suspects in detention centers, so as to better achieve the purpose of combining punishment with education.

Article 36 of the Criminal Procedure Law stipulates that defense lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.

According to the above provisions, this defender hereby applies to your bureau to change the compulsory measures of Wen xx into bail pending trial.

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Selected demonstration papers on applying for bail pending trial 4

Applicant: Cui * *, lawyer of Henan Huiheng Law Firm.

Mailing address: Room101/meisheng Building, Renmin Road, Luohe City.

Tel:1* * * * * * 6.

Applicant on bail pending trial: male, aged. 20/kloc-was criminally detained on suspicion of rape in may/March, and is now detained in Luohe No.1 detention center.

Application items:

Li Jinyang was released on bail pending trial.

Reasons for application:

According to the requirements of the criminal suspect's legal representative's father and mother, the applicant applied for bail pending trial for the criminal suspect for the following reasons:

1. The suspect's household registration date of birth is 199, and he is a minor under one year old. According to the provisions of Article 17 of the Criminal Law, if a person who has reached the age of 14 but under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment. The Higher People's Court of Henan Province's Detailed Rules for the Implementation of Sentencing Guidance Opinions of People's Courts (Trial) stipulates that "for juvenile offenders, factors such as their criminal cognitive ability, motivation and purpose of committing criminal acts, age at the time of committing crimes, first-time offenders, repentance, personal growth experience and consistent performance should be comprehensively considered, and lenient punishment should be given. Juvenile criminals who meet the applicable conditions of public surveillance, probation, single penalty or exemption from criminal punishment shall be subject to public surveillance, probation, single penalty or exemption from criminal punishment according to law. (1) Juvenile offenders who have reached the age of 14 but are under the age of 15 may have their standard punishment reduced by 40%-60%; (2) Juvenile offenders who have reached the age of 15 but under the age of 16 may be reduced by 30%-50% on the basis of the basic punishment; "

Two, the criminal suspect's behavior can constitute surrender according to law.

If this case constitutes a crime of rape, then the suspect voluntarily surrenders and truthfully confesses, which is in line with the statutory requirements of surrender and can constitute surrender according to law.

Third, the suspect has been confirmed to have "sexually transmitted diseases". No matter how good the detention center is, it is not as good as the professional medical institutions outside the detention center. Therefore, continued detention will not be conducive to the treatment of "sexually transmitted diseases." If the treatment is delayed, it will cause more harm to the suspect.

If it is finally found out that the sexual relationship is voluntary, then the case will not be established according to law, and if the detention continues, it will also cause unnecessary losses.

5. According to the statement made by the criminal suspect during the meeting, due to the limited conditions of the detention center, it is not conducive to the special protection of juvenile criminal suspects.

Six, the criminal suspect's parents are willing to provide money guarantee, have the ability to make the criminal suspect available at any time, no collusion, no retraction, no concealment, destruction of evidence, no retaliation against witnesses and victims.

Eight, the positive significance of bail pending trial.

Getting a criminal suspect on bail pending trial is not only conducive to his disease treatment, but also to his "punishment, education and rescue", to his healthy growth education in the future, and to the implementation of the criminal policy of special protection for juvenile delinquency.

To sum up, if a criminal suspect constitutes a crime, he can be sentenced to fixed-term imprisonment of not more than three years in combination with his statutory sentencing circumstances, which is in line with the statutory conditions for obtaining bail pending trial and will not cause social danger to him. The criminal suspect's application for bail pending trial is requested to be approved by your bureau.

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