First, the conditions stipulated by the public security organs for obtaining a guarantor pending trial
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) Those who may be sentenced to more than fixed-term imprisonment shall be released on bail pending trial, so as not to cause social danger;
(3) The criminal suspect to be arrested suffers from a serious illness, or is a pregnant woman who is breastfeeding a baby under one year old;
(4) The evidence of the detained criminal suspect does not meet the conditions for arrest;
(five) after the request for arrest, the procuratorial organ does not approve the arrest and needs reconsideration and review;
(6) The case of detaining a criminal suspect cannot be settled within the statutory time limit, and the investigation needs to be continued;
(7) after the transfer of prosecution, the procuratorial organ decides not to prosecute and needs reconsideration and review. For recidivists, principal criminals of criminal groups, criminal suspects who injure themselves or injure themselves to avoid investigation, criminal suspects who endanger national security, criminal suspects who commit violent crimes and criminal suspects who commit other serious crimes, they shall not be released on bail pending trial.
Two, the people's Procuratorate can be released on bail pending trial conditions.
The people's procuratorate may obtain bail for a criminal suspect under any of the following circumstances:
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced to more than fixed-term imprisonment, and social danger will not occur without arrest;
(3) The detainee needs to be arrested, and the evidence does not meet the conditions for arrest;
(four) should be arrested but suffering from serious diseases;
(5) Being pregnant or breast-feeding her baby upon arrest;
(six) the criminal suspect in custody can not close the case within the statutory time limit for investigation, detention, examination and prosecution, and needs to continue investigation or examination and prosecution;
(seven) holding a valid passport or other valid exit documents, you can leave the country to escape investigation, but you don't need to be arrested. The people's procuratorate shall not obtain bail for criminal suspects who seriously endanger social order and other criminal suspects with bad nature and serious circumstances.
Three. Conditions for obtaining bail pending trial Legal provisions:
Regarding the applicable conditions for obtaining a guarantor pending trial, Article 65 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary 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.
For details, please consult Shenzhen Nippon Law Firm, near Guo Mao and Dongmen.