According to relevant laws and regulations, the special circumstances are summarized as follows:
1. People should be arrested, but those who are seriously ill can be released on bail pending trial.
2. Women who should be arrested but are pregnant and breast-feeding their babies under one year old can be released on bail pending trial.
3. If the evidence of the detained criminal suspect does not meet the conditions for arrest, the public security organ may decide to obtain bail pending trial.
4. After the arrest is requested, if the procuratorial organ refuses to approve the arrest and needs reconsideration and review, the public security organ may decide to obtain bail pending trial.
5. After the transfer of prosecution, if the procuratorial organ decides not to prosecute and needs reconsideration and review, the public security organ may decide to obtain bail pending trial.
6. If a case of detaining a criminal suspect or defendant cannot be settled within the time limit of investigation, examination and prosecution, first instance and second instance as stipulated in the Criminal Procedure Law, it may be released on bail pending trial.
7. Holders of valid passports and valid entry-exit certificates can leave the country to escape investigation, but they do not need to be arrested and can be released on bail pending trial.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 67 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.
Article 71 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(2) Not meeting or communicating with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and pays the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or be placed under residential surveillance or arrested.
If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.