Legal analysis: criminal detention and bail pending trial need to meet the following conditions: (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, but the implementation of bail pending trial will not cause social danger; (3) Arrest is necessary, but it is not appropriate to arrest a woman who is seriously ill or pregnant and breast-feeding her baby; (4) The case of detaining a criminal suspect or defendant cannot be settled within the statutory time limit of investigation, detention, examination and prosecution, first instance and second instance, and it is necessary to continue verification and trial. When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit. If the suspect is arrested, the lawyer hired can apply for bail pending trial.
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.