First, the difference between administrative detention and criminal detention
Administrative detention refers to the punishment measures taken by public security organs to restrict personal freedom against citizens who violate the administrative order according to law. This kind of detention is usually aimed at minor illegal acts, such as fighting in public security cases and disturbing public order. According to the Law on Public Security Administration Punishment, the term of administrative detention is generally more than one day and less than fifteen days. Because administrative detention is a direct punishment for illegal acts, bail is usually not allowed.
Criminal detention refers to the compulsory measures taken by public security organs and people's procuratorates to temporarily deprive criminals or major suspects of personal freedom during the investigation. This kind of detention usually occurs in criminal cases and is aimed at suspects suspected of committing crimes. The duration of criminal detention varies according to different situations, but generally the longest period shall not exceed 37 days. During criminal detention, if certain conditions are met, the criminal suspect may be released on bail pending trial.
II. Conditions for obtaining a guarantor pending trial in criminal detention
For criminal suspects detained in criminal detention, bail pending trial is not unconditional. According to the provisions of China's criminal procedure law, bail pending trial needs 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, taking bail pending trial will not cause social danger;
3. Suffering from serious illness, unable to take care of themselves, pregnant or nursing a baby, and taking bail pending trial will not cause social danger;
4, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
At the same time, it is also necessary to provide a guarantor or pay a deposit to ensure that the suspect will not evade investigation, prosecution and trial during the period of bail pending trial.
Three. bail process
If the conditions for obtaining bail are met, the family members or lawyers of the criminal suspect may apply to the case-handling organ. After receiving the application, the case-handling organ will review it and make a decision on whether to grant bail within a certain period of time. If bail is granted, the suspect needs to abide by relevant regulations and restrictions, such as not leaving the designated residence and not interfering with the investigation of the case.
To sum up, whether you can get bail pending trial after five days of detention mainly depends on the type of detention and whether it meets the conditions for getting bail pending trial. For administrative detention, bail is usually not allowed because it is a direct punishment for illegal acts. For criminal detention, if the conditions for obtaining a guarantor pending trial are met and corresponding safeguard measures are provided, the criminal suspect may obtain a guarantor pending trial. However, it should be noted that bail pending trial does not mean the end of the case, and the suspect still needs to accept the follow-up investigation, prosecution and trial procedures.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 16 stipulates:
If there are more than two kinds of violations of public security management, they shall be decided separately and executed jointly. Combined with administrative detention punishment, the longest shall not exceed twenty days.
Criminal Procedure Law of the People's Republic of China
Article 67 provides that:
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.