A bail enforcement measures against perpetrators, in order to ensure the smooth progress of the criminal proceedings and set up. In the bail, the need for the perpetrator were released on bail, the applicant needs to issue a bail application. The following attorneys small series provides a defense lawyer for bail application for you, hope you can make the relevant reference.
Defense attorney bail application
Applicant: XX, XXX lawyer firm
Tel: XXXXXXXX
Application matters: the suspect Lee for release on bail on suspicion of theft
Application reason:
Lee suspects on suspicion of theft case, in 2010 X month X day criminal detention XX District Public Security Bureau, is now in custody at the XX District Detention Center. According commissioned suspect Lee Song spouse of the applicant to apply for bail, the suspect's spouse is willing to legally provide surety or cash deposit to Lee.
According to Article 51 of the "People's Republic of China Criminal Procedure Law," the suspect, Lee qualified bail for the following reasons:
First, the suspect Lee in the case of the public security organs not coercive measure, and surrendered themselves to the police station, truthful account of the crime, pleaded guilty to a good attitude, should be surrendered, according to the law may be lighter or mitigated punishment.
According to relevant regulations, "surrender and meritorious service for dealing with the specific application of law to explain a number of issues," the "People's Republic of China Criminal Law" and the Supreme People's Court, before Lee was not to take coercive measures, surrendered voluntarily to the police, the plot should belong to surrender , according to the law can be given a lighter or mitigated punishment.
Second, the value of goods involved in the theft suspect Lee is not very high, and the stolen goods have been returned to the victim, the victim's property interests are not any real damage.
In the incident the next day, Lee will soon personally return the laptop theft victim, and the victim on the spot to kneel, tearful expression of profound meaning of repentance. Although the value of the laptop theft to identify Lee 5,000 yuan, but Lee has taken the initiative to personally return the stolen goods, did not cause substantial property damage to the victim, and such amount involved relative to the high levels of consumption in Beijing is really negligible of. In addition, Lee also paid to the victim as an economic XXXX yuan in cash compensation, and has been the understanding of victims.
Third, the suspect Lee has no previous criminal record misdeeds, this crime is still a first offense, subjective vicious smaller crimes.
Lee suspects had no criminal record, and this crime is still a first offense. The suspect and his wife duo came from outside Beijing, rented in rural housing XX area, due to the cultural quality is not high, lack of skills, great pressure to survive. Lee since the Spring Festival in 2010, began as a member of the XXX Express delivery, the daily number of send and receive delivery of more than more than 70, work very hard, but wages are not high.
As the cultural quality is not high, Lee in flagrante delicto did not realize the seriousness of events, subjective vicious crime is very small. Lee turned to crime, is the ages, luck, due to lack of education caused; it can be said, is a life of hardship and helplessness let Lee arrived in Beijing committed to his repentant mistake!
Fourth, the suspect Lee committed a minor crime, behavior without any personal dangerousness, social harmfulness not large.
Lee in the implementation of theft, the victim's house was not locked, the house was empty, can be said to be due to major mistakes victim, Lee created the conditions for the implementation of crime. Lee's criminal means extremely simple, compared to those vile and cruel means of violent criminals, Lee's behavior does not exist any personal dangerousness, social harmfulness is very small.
V. Application of the suspect, Lee released on bail, as well as its own objective needs and need someone to take care of his wife and other factors.
The suspect's wife, Song, is now three months pregnant, lonely in Beijing and neglect; and since Lee was in custody, Song lost their only source of income, living in destitution, and their fear all day, in urgent need of husband It cares. In addition, the suspect, Lee bitten by dogs in X months X days, urgent injection of rabies vaccine, rabies vaccine, however, the need to maintain the activity of a particular environment, patients can only be injected into the hospital, so the suspect, Lee implemented bail is an objective reality needs.
X XX January 2010, the Beijing Municipal Bo Friends of the law firm lawyer Zhou Yan Wang Xin and practice Chaoyang District Detention Center to meet with the suspect Lee. Lee saw a lawyer, can not help but shed tears of remorse. After the public security organs of education reform, which has come to their senses, he has repeatedly pledged to turn over a new leaf in the future a certain pragmatic man, do not do things any lawlessness! Meanwhile, the suspect, Lee also sincerely hope to victims by the public security organs the say "sorry", because of his behavior caused some trouble to the victim.
To sum up, the suspect Lee committed a minor crime, the subjective malignant small, its implementation will not happen bail harmful to society, I urge the public security organs according to "People's Republic of China Criminal Procedure Law" Article 51, the ninth provisions of sixteen, granted bail to the suspect, Lee!
Sincerely,
XX District Public Security Bureau
Lawyer: XX
XX Law Firm
year month day
Bail application will be based on the application of the different parties have different specific content, we've put together a defense lawyer bail application content, and only apply for bail be useful for defense lawyers, others apply the specific content of bail is not the same, if you need to know what other people how to write an application for release on bail, may consult a lawyer in criminal matters lawyer website.
Further reading:
What is the bail application format
Illegal detention bail What is the procedure of
How for bail, which way?