Legal analysis
The main reasons for not approving bail pending trial are: this is only a procedural requirement. The public security organs take bail pending trial because they think you are a criminal suspect, and the people's procuratorate does not approve the arrest because of insufficient evidence. But just in case, if there is evidence to prove that it will constitute a criminal act in the future, it can prevent evasion of investigation, prosecution and trial caused by not getting bail pending trial. Therefore, those who meet the conditions for obtaining a guarantor pending trial may apply for obtaining a guarantor pending trial. Bail pending trial means that in criminal proceedings, public security organs, people's procuratorates, people's courts and other judicial organs order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a guarantee that they can be used at any time to prevent them from evading investigation, prosecution and trial, and not detaining them or temporarily releasing them from custody. Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Relevant Issues Concerning the Application of Criminal Compulsory Measures: If a people's procuratorate decides to take measures of obtaining a guarantor pending trial, it shall announce it to the criminal suspect and hand it over to the public security organ for execution. If the criminal suspect is guaranteed by a guarantor, the people's procuratorate shall send the legal documents and materials related to the cause of action, the basic information of the criminal suspect and the basic information of the guarantor to the public security organ at the same level where the criminal suspect lives; If the criminal suspect has a deposit guarantee, the people's procuratorate shall, after verifying that the deposit has been paid to the bank designated by the public security organ, send the relevant legal documents, the relevant cause of action, the basic information of the criminal suspect and the receipt issued by the bank to the public security organ at the same level where the criminal suspect lives. After receiving the relevant legal documents and materials, the public security organ shall immediately hand them over to the public security organ at the county level where the criminal suspect lives for execution. The county-level public security organ in charge of execution shall verify the identities and related materials of the guarantor and guarantor within 24 hours, report to the person in charge of the county-level public security organ, and notify the police station where the suspect lives to execute.
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.