2. Those who may be sentenced to a penalty of fixed-term imprisonment or above, and being released on bail pending trial will not cause social danger;
3. Suffering from serious diseases , women who cannot take care of themselves, are pregnant or are breastfeeding their babies. Or those who are breastfeeding their own babies, and being released on bail pending trial will not cause social danger;
4. The custody period has expired and the case has not yet been concluded, and it is necessary to be released on bail pending trial.
Procedures for release on bail pending trial:
1. Apply for release on bail pending trial. Detained criminal suspects, defendants, their legal representatives, and close relatives have the right to apply for release on bail pending trial. After a criminal suspect is arrested, the lawyer hired by him can apply for release on bail pending trial. The application for release on bail pending trial shall be in writing;
2. Decision on release on bail pending trial. After receiving the application for bail pending trial, the public security organs, people's procuratorates, and people's courts shall respond within seven days whether they agree or disagree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it must be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate, or the president of the people's court for approval, and a "Decision on Release on Bail pending trial" and a "Notice on Release on Bail pending trial" should be prepared. Order the criminal suspect or defendant to provide a guarantor or pay a deposit. Those who do not meet the legal conditions for release on bail pending trial will not be released on bail pending trial. If the applicant does not agree to be released on bail pending trial, the applicant should be informed and the reasons for the disagreement should be explained. In addition, the judicial authority may decide to release the person on bail pending trial based on the needs of handling the case;
3. Implementation of release on bail pending trial. Release on bail pending trial shall be carried out by the public security organs. The public security organs shall read the "Decision on Release on Guarantee" to the criminal suspect or defendant, ask them to sign or seal it, and inform them of the regulations that they must abide by during the period of release on bail. If a criminal suspect or defendant does not violate the provisions of Article 56 while on bail pending trial, after the expiration of the bail pending trial period, the public security organ responsible for enforcement shall return the security deposit to the criminal suspect or defendant and notify the guarantor to terminate the security.
To sum up, the law has the meaning of order, justice, efficiency and benefit, but for ordinary people, the law symbolizes protection and hope. The law still defends people's legitimate rights and interests with its unique meaning and majesty. The law is the last line of defense to safeguard the legitimate rights and interests of citizens. It not only protects the hopes of the people, but also maintains the normal order of the entire society and provides a strong institutional guarantee for the people to live and work in peace and contentment.
Legal basis:
Article 153 of the "Criminal Procedure Law of the People's Republic of China"
Decided to release the defendant on bail pending trial. If a security deposit is used as a guarantee, the specific amount of the security deposit shall be determined in accordance with the provisions of Article 72, Paragraph 1 of the Criminal Procedure Law, and the defendant or the unit or individual that provides the security deposit for the defendant shall be ordered to deposit the security deposit in a lump sum in a designated amount designated by the public security organ. Special bank account.
The public security organ opens a special account at a designated bank.
Article 154
After the people's court announces the decision to release the defendant on bail pending trial, it shall deliver the decision on releasing the defendant on bail pending trial and other relevant materials to the local public security agency.
If a security deposit is used to guarantee the defendant, the receipt certificate issued by the bank shall be submitted to the public security organ after verifying that the security deposit has been deposited into the special bank account designated by the public security organ.