Application for change of compulsory measures [Public Security Investigation Stage]

Lawyers who handle criminal matters often submit legal documents to the case-handling unit. It is a clear legal requirement that documents such as official letters from law firms and letters of introduction to meetings with detainees should be affixed with the official seal of the law firm. However, it is controversial whether documents such as bail pending trial documents and applications for review of necessity of detention must be affixed with the official seal of the law firm. .

It is a lawyer's legal right to submit an application for release on bail pending trial.

The "Criminal Procedure Law of the People's Republic of China" stipulates that suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changes in compulsory measures. Lawyers can apply in writing to the case handling agency to change or lift compulsory measures or release criminal suspects or defendants. , it should state the name of the law firm, the name of the lawyer, mailing address and contact information, the name of the criminal suspect or defendant, the alleged charges, the application facts and reasons, the method of guarantee, etc. However, as to whether relevant documents must be affixed with the official seal of the law firm, relevant laws, regulations and lawyer industry standards have clear provisions.

The application for bail pending trial submitted by the lawyer is the lawyer's personal opinion based on the facts of the case and the specific circumstances of the suspect. The "applicant" in the application is the lawyer personally, not the lawyer's firm. Just as the representation opinions and defense opinions submitted by lawyers are the lawyer's personal opinions and do not need to be stamped with the official seal of the law firm, the case handling unit should not force the bail pending trial document to be stamped with the official seal of the law firm.