Can I get bail pending trial while in custody?

In criminal proceedings, people who are not under criminal detention can also apply for bail pending trial. Because criminal detention and bail pending trial are both compulsory means in criminal proceedings, bail pending trial is not a prerequisite for criminal detention.

Legal basis:

1, released on bail pending trial, is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). Refers to the public security organs, people's procuratorates, people's courts and other judicial organs in order to prevent criminal suspects and defendants from escaping investigation, prosecution and trial, and order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a guarantee to ensure that they are available at any time, and will not be detained or temporarily released.

2. Conditions for obtaining a guarantor pending trial:

Article 65 of the Criminal Procedure Law clearly stipulates 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;

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(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.