1, detained criminal suspects, defendants, their legal representatives and close relatives have the right to apply for bail pending trial. If the suspect is arrested, his lawyer can apply for bail for him;
2, detained criminal suspects, defendants and their legal representatives, close relatives and lawyers to apply for bail pending trial, should be put forward in writing, the authority that has the right to decide shall make a reply whether or not to agree within 7 days after receiving the written application. The public security and judicial organs shall agree to those who meet the conditions for obtaining a guarantor pending trial and put forward a guarantor or can pay a deposit, and go through the formalities for obtaining a guarantor pending trial according to law. Those who do not meet the statutory conditions for obtaining a bail pending trial shall not be granted a bail pending trial. If he does not agree to bail, he shall inform the applicant and explain the reasons for his disagreement. The people's courts, people's procuratorates, and public security organs shall release the suspects and defendants on bail pending trial for a maximum of 12 months. Drunk driving a motor vehicle, obstructing the public security organs from inspection according to law by violence or threats, which constitutes other crimes such as obstruction of official duties, shall be punished in accordance with the provisions on combined punishment for several crimes. A criminal suspect or defendant who is drunk driving a motor vehicle may be detained or released on bail pending trial according to the circumstances of the case. If the conditions for obtaining a guarantor pending trial are met, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, he may be placed under residential surveillance. If the circumstances are serious, the criminal suspect or defendant who violates the provisions on obtaining a guarantor pending trial and residential surveillance may be arrested.
Legal basis: Article 65 of the Criminal Procedure Law of People's Republic of China (PRC).
It is clearly stipulated that the people's courts, people's procuratorates and public security organs can obtain bail for criminal suspects and defendants 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 and residential surveillance shall be carried out by public security organs.