Bail pending trial is applicable to the following objects:
1, the circumstances of the crime are relatively minor, and there is no need for detention or arrest, but there is a danger of evading investigation and trial;
2, the defendant's main criminal facts have been _ clear, may be sentenced to fixed-term imprisonment or more, to take the method of bail pending trial can prevent social danger, there is no need to arrest;
3. The crime should be arrested, but women who are seriously ill or pregnant or nursing babies should not be arrested.
Article 67 of the Criminal Procedure Law of People's Republic of China (PRC), 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.
Bail pending trial shall be executed by the public security organ.
Article 68 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Article 69 A guarantor must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.
Article 70 A guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 71 of this Law.
(2) If it is discovered that the warrantee may or has violated the provisions of Article 71 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 71 of this Law and the warrantor fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.