Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 67? 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 74? The people's courts, people's procuratorates and public security organs may monitor the residence of criminal suspects and defendants under any of the following circumstances:
(1) Suffering from serious illness and unable to take care of themselves;
(2) Women who are pregnant or nursing babies;
(3) Being the sole supporter of a person who cannot take care of himself;
(four) because of the special circumstances of the case or the need to handle a case, it is more appropriate to take residential surveillance measures;
(five) the detention period expires, the case has not yet been settled, and it is necessary to take residential surveillance measures.
For those who meet the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, they can be placed under residential surveillance.
Residential surveillance shall be carried out by public security organs.