After the arrest is approved, the possibility of applying for bail pending trial shall be decided by the public security department according to the social harm and legal situation of the criminal suspect.
According to Article 65 of the Criminal Procedure Law, 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 and residential surveillance shall be carried out by public security organs.
After being arrested by the public security, the case has not been handed over to the procuratorate. This stage belongs to the investigation stage, and the case is still under the jurisdiction of the Public Security Bureau. The application for bail pending trial should be handed over to the case-handling personnel of the Public Security Bureau. To apply for bail pending trial in a criminal case, only the family members or lawyers of the criminal suspect need to apply to the case-handling organ, which will examine and decide whether it meets the requirements and give a reply. The law also clearly stipulates the situation of not obtaining bail and the situation of not obtaining bail:
Data expansion:
According to the provisions of the Supreme People's Procuratorate on obtaining a guarantor pending trial and the provisions of the Ministry of Public Security on obtaining a guarantor pending trial, the following circumstances are generally not allowed:
1, for criminal suspects who seriously endanger social order and other criminal suspects with bad criminal nature and serious circumstances.
2. For recidivists and principals of criminal groups, they shall not be released on bail pending trial.
3. Criminal suspects who evade investigation by means of self-injury or self-injury.
4 criminal suspects who endanger national security, violent crimes and other serious crimes.