1, because it does not meet the conditions for obtaining a guarantor pending trial, only those who may be sentenced to fixed-term imprisonment of less than three years meet the conditions for obtaining a guarantor 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, 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 nursing babies will not be socially dangerous if they are released on bail pending trial;
(4) Upon the expiration of the detention period, the case has not yet been settled, and it is necessary to obtain bail pending trial. Bail pending trial shall be executed by the public security organ.
2. Bail pending trial is a temporary non-custodial treatment measure taken by the relevant authorities against criminal suspects. It is usually applicable to criminal suspects whose criminal circumstances are minor and need not be detained or arrested, but whose freedom of movement needs to be restricted to a certain extent.
The process of applying for bail pending trial is as follows:
1, apply for bail pending trial. Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be in written form;
2. The decision to obtain bail pending trial. The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial, and shall inform the applicant and explain the reasons for not agreeing. In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial;
3. Execute bail pending trial. The public security organ shall execute and read the "Decision on Bail Pending Trial", order it to sign or seal it, and inform it of the regulations it should abide by during the period of bail pending trial. After the expiration of the time limit for obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant and notify the guarantor to cancel the guarantee.
The applicable conditions for obtaining bail pending trial are as follows:
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, taking bail pending trial will not cause social danger;
3, should be arrested according to law, but because of serious illness, or pregnant, breast-feeding women, should not be arrested;
4. The criminal suspect has been detained according to law, and after interrogation and examination, it is considered necessary to arrest but the evidence is insufficient;
5. The criminal suspect or defendant who has been arrested and detained cannot close the case within the statutory time limit of investigation and detention, examination and prosecution, first instance and second instance, and is released on bail pending trial, which is not harmful to society;
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;
7, submitted to the approval of the arrest, the procuratorial organs do not approve the arrest, the need for reconsideration, review;
8, after the transfer of prosecution, the procuratorial organ decided not to prosecute, the need for reconsideration and review.
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.