The police handling the case generally have no right to decide on bail pending trial, and the decision on bail pending trial is made by the administrative leadership of the public security organ. Release on bail pending trial is a method adopted by relevant authorities to temporarily serve criminal suspects outside prison. However, if you want to be released on bail pending trial, the relevant actors need to meet relevant conditions and apply for release on bail pending trial in accordance with the corresponding release on bail pending trial process. After the application is successful, the actor also needs to abide by the corresponding regulations during the period of release on bail pending trial. The public security organs, people's procuratorates, and people's courts will make a decision on whether to release the person on bail within seven days after receiving the application. Guarantee pending trial means that in criminal proceedings, the public security organs, people's procuratorates, and people's courts order criminal suspects or defendants who have not yet been arrested or who need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, ordering them to provide a guarantor or pay a deposit. A compulsory measure such as depositing a deposit or issuing a letter of guarantee to ensure that the person will not be detained when summoned or temporarily serve his sentence outside prison.
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Legal basis: "Criminal Procedural Law of the People's Republic of China"
Article 67: The People's Court, the People's Procuratorate and the Public Security Bureau shall investigate criminal suspects and defendants Those who fall under any of the following circumstances may be released on bail pending trial:
(1) They may be sentenced to public surveillance, criminal detention or additional penalties independently applied;
(2) They may be sentenced to a penalty of more than fixed-term imprisonment , if the person is released on bail pending trial, there will be no social risk;
(3) Suffering from a serious disease, unable to take care of himself, is pregnant or breastfeeding his own baby, and if released on bail pending trial, there will be no social risk;
(4) If the detention period has expired and the case has not yet been concluded, it is necessary to release the person on bail pending trial.
Article 68: The People’s Court, When the People's Procuratorate and the public security organ decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to provide a guarantor or pay a deposit