Legal analysis
If a party applies for bail pending trial, the case-handling organ shall make a reply on whether to agree to bail pending trial within three days. If the case-handling organ has agreed to get a bail pending trial, the case-handling organ may release the person to the detention center after going through the formalities of getting a bail pending trial. Applicable object of bail pending trial: 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 will not cause social danger; 3. It should be arrested according to law, but it is not appropriate to arrest women who are suffering from serious diseases or are pregnant or nursing babies; 4. After interrogation and examination, the criminal suspect detained according to law thinks that it is necessary to arrest but the evidence is insufficient. 5. Criminal suspects and defendants who have been arrested and detained cannot close the case within the legal time limit of investigation and detention, examination and prosecution, first instance and second instance, and it is not harmful to society to take bail pending trial. 6. A criminal suspect who holds a valid passport or other valid exit documents and may leave the country to escape investigation, but does not need to be arrested. The lawyer's application for bail pending trial complies with the above-mentioned legal provisions. The application for bail pending trial shall be approved if it meets the requirements, and a reply shall be given within three days as required. According to relevant laws, criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.
legal ground
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 bail 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 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.