During criminal detention, anyone can apply for bail pending trial as long as they meet the conditions for bail pending trial. 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, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment.
2, may be sentenced to more than fixed-term imprisonment, bail pending trial will not cause social danger.
3. Criminal suspects and defendants are suffering from serious diseases, unable to take care of themselves, and pregnant or breast-feeding women will not be socially dangerous if they are released on bail pending trial.
4, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Procedures for applying for bail pending trial:
1. I or my family and my lawyer apply to the case-handling organ for bail pending trial.
2. The case-handling organ shall fill in the Report on Application for Bail Pending Trial, which shall be approved by the person in charge of the public security organ at the county level.
3, put forward a guarantor or deposit, review by the case handling organ. If there is a guarantor, fill in the letter of guarantee.
4, fill in the "bail decision".
5. Announce regulations to the person who has been released on bail pending trial, explain matters and inform him of legal responsibilities.
6, will be released on bail pending trial personnel handed over to the police station for execution.
7. Get a bail pending trial (the longest period is twelve months).
Legal basis:
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.