1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2. Those who may be sentenced to more than fixed-term imprisonment shall be released on bail pending trial, so as not to cause social danger;
3. The criminal suspect who should be arrested is seriously ill, or a pregnant woman who is breastfeeding a baby under one year old;
4. For the detained criminal suspect, the evidence does not meet the conditions for arrest;
5. After the request for arrest, the procuratorial organ refuses to approve the arrest and needs reconsideration;
6. The case in which the criminal suspect is detained cannot be settled within the statutory time limit, and the investigation needs to be continued;
7, after the transfer of prosecution, the procuratorial organ decided not to prosecute, the need for reconsideration and review. For recidivists, principal criminals of criminal groups, criminal suspects who injure themselves or injure themselves to avoid investigation, criminal suspects who endanger national security, criminal suspects who commit violent crimes and criminal suspects who commit other serious crimes, they shall not be released on bail pending trial.
How to get bail pending trial in criminal cases
Criminal case bail pending trial process:
1. Application for bail pending trial:
(1) Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial;
(2) If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be in written form;
2. Decision on obtaining bail pending trial:
The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall 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 Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit.
3. Execution of bail pending trial:
The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
What conditions do guarantors need for bail pending trial?
The conditions for obtaining bail pending trial are as follows:
1. The guarantor must have nothing to do with the case and have no interest in the crime suspected by the criminal suspect or defendant. The guarantor cannot be an accomplice or a witness in this case. Otherwise, because if he is also the object of investigation by the judicial organs, it is difficult to guarantee that he will earnestly fulfill his safeguard obligations;
2. The guarantor shall have the ability to perform the guarantee obligations. Specifically:
(1) The guarantor must reach a certain age, have civil capacity and have certain influence on the guarantor;
(two) the physical condition can supervise the guarantor's behavior;
(3) Whether the guarantor has the ability to perform the guarantee obligation needs to be comprehensively judged according to the specific circumstances of the case, and whether it has the ability to perform the guarantee obligation can never be determined only by the guarantor's own statement;
3. The guarantor enjoys political rights and personal freedom is not restricted. Citizens deprived of political rights cannot be released on bail pending trial;
4. The guarantor should have a fixed residence and income, and have a fixed residence and stable economic income at the guarantor's domicile.
Legal basis: Article 83 of the Procedures for Handling Criminal Cases by Public Security Organs.
If a criminal suspect needs to be released on bail pending trial, an application for release on bail pending trial shall be made, explaining the reasons for release on bail pending trial, the protection methods adopted and the provisions to be observed, and a decision on release on bail pending trial shall be made with the approval of the person in charge of the public security organ at or above the county level. The decision on bail pending trial shall be read out to the criminal suspect, who shall sign and print it.