Article 67 of the Criminal Procedure Law, 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:
(1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment;
(2) He may be sentenced to more than fixed-term imprisonment, and obtaining a bail pending trial will not cause social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or breast-feeding their babies are released on bail pending trial, and will not pose social danger;
(4) The detention period expires, and the case has not yet been settled, so it is necessary to obtain bail pending trial.
bail pending trial shall be executed by the public security organ.
expanded data
according to article 68 of the criminal procedure law
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) It is irrelevant to the case;
(2) having the ability to fulfill the guarantee obligations;
(3) enjoy political rights and personal freedom is not restricted;
(4) having a fixed residence and income.
article 83 of the regulations on the procedure of handling criminal cases by public security organs, the minimum deposit amount of a criminal suspect is RMB 1,. The specific amount should be determined by comprehensively considering the need to ensure the normal proceedings, the social danger of the criminal suspect, the nature and circumstances of the case, the severity of the possible punishment and the financial situation of the criminal suspect.
reference:
wen county Public Security Bureau Network-Criminal Law
reference:
the Supreme People's Procuratorate Network-Criminal Procedure Law.