Legal analysis: During criminal detention, one can be released on bail pending trial, but the following conditions must be met: that is, the person may be sentenced to surveillance, criminal detention, or an independent additional penalty; the person may be sentenced to a penalty of more than fixed-term imprisonment and is less dangerous to society. ; Suffering from serious illness, unable to take care of oneself, and low social risk; pregnant or breastfeeding her own baby, etc.
Legal basis: "Criminal Procedure Law of the People's Republic of China and the State"
Article 82: If the public security organ has any of the following circumstances regarding current criminals or major suspects: , can be detained:
(1) Those who are preparing to commit a crime, commit a crime, or escape immediately after being discovered during a crime;
(2) The victim or those present;
(3) Criminal evidence is found around him or in his residence;
(4) He attempts suicide, escapes or is at large after committing a crime;
(5) There is evidence of destruction, forgery evidence or possible collusion;
(6) Not telling the real name and address, and the identity is unknown;
(7) There is a serious suspicion of committing crimes on the run, committing crimes multiple times, or committing crimes in groups .
Article 85: When a public security organ detains a person, he or she must produce a detention certificate.
After detention, the person shall be detained in a detention center for no more than twenty-four hours. Except where notification is impossible or where notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the detainee's family members shall be notified within 24 hours after detention. Once the circumstances that hinder the investigation disappear, the detainee shall be notified immediately.
Article 91: If the public security organ deems it necessary to arrest a detainee, it shall submit it to the People's Procuratorate for review and approval within three days of detention. In special circumstances, the time for submission may be limited. Extended by 1 to 4 days.
For major suspects who commit crimes on the run, commit crimes repeatedly, or commit crimes in groups, the period for application for approval may be extended to 30 days.
The People's Procuratorate shall automatically extend the period. If the People's Procuratorate disapproves the arrest within seven days of receiving the request to approve the arrest, the Public Security Bureau shall release the person immediately after receiving the notice and promptly notify the People's Procuratorate of the execution status. If the investigation needs to continue and the conditions for release on bail pending trial or residential surveillance are met, the person will be released on bail pending trial or placed under residential surveillance in accordance with the law.