The 37-day golden period of bail pending trial means that public security organs are most likely to get bail pending trial in the criminal detention stage. The period of public security criminal detention before arrest is 3 days, which can be extended to 1-4 days under special circumstances, and it can be extended to 30 days for major suspects who commit crimes on the run, repeatedly commit crimes and commit crimes by gangs; The procuratorate examines the arrest case and makes a decision on whether to approve or disapprove the arrest within 7 days. In this way, the longest period of public security criminal detention can reach 37 days, and lawyers' applications for bail pending trial are mainly concentrated in 37 days, so these 37 days are also called "golden 37 days".
Of course, in the arrest stage after public security criminal detention, there is also the possibility of bail pending trial in the subsequent procuratorate and court stages, but the proportion is very small.
In criminal cases, criminal suspects are usually detained in criminal detention, and the most important thing is to get a bail pending trial, which should meet the following conditions:
1. may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment. That is to say, if a criminal suspect or defendant has a minor crime and does not need to be arrested, but may evade investigation, prosecution and trial and hinder the smooth progress of the lawsuit, he should be released on bail pending trial.
He may be sentenced to more than fixed-term imprisonment, and taking bail pending trial will not cause social danger. That is, if the criminal suspect or defendant commits a serious crime, but there is no social danger when he is released on bail and there is no need to arrest him, he should be released on bail and wait for trial.
3. Should be arrested, but suffering from serious illness is not suitable for detention, such as illness can not take care of themselves, can be released on bail pending trial.
4. Those who should be arrested according to law, but are pregnant or nursing their own babies. In this case, if it is found before the arrest, the arrest cannot be decided; If it is discovered after arrest, the compulsory measures should be changed and the way of obtaining bail pending trial should be changed.
After interrogation and examination, the criminal suspect detained according to law thinks it is necessary to arrest, but the evidence is insufficient. This refers to the situation that the detainee may be sentenced to more than fixed-term imprisonment, but there is not enough evidence to prove his criminal facts, and the corresponding evidence cannot be collected within the legal detention period, but it is necessary to continue to collect evidence. ave
6. A criminal suspect or defendant who is arrested or detained cannot close the case within the statutory time limit of investigation, prosecution, first instance and second instance, and it is not socially dangerous to obtain bail pending trial. In addition, according to Item 7 of Article 37 of the the Supreme People's Procuratorate Rules, a criminal suspect who holds a valid passport or other valid exit documents can leave the country to evade investigation, but he does not need to be arrested and can be released on bail pending trial. According to the fifth and seventh items of Article 63 of the Regulations of the Ministry of Public Security, if the procuratorate refuses to approve the arrest and needs reconsideration and review, and if it is transferred to prosecution, the procuratorate decides not to prosecute, and the criminal suspect who needs reconsideration and review may also be released on bail pending trial.