Possibility of bail pending trial during criminal detention

Legal analysis: Public security organs are most likely to be released on bail pending trial in the criminal detention stage. The criminal detention period of public security organs is 3 days before being arrested, which can be extended by 1-4 days under special circumstances, and it can be extended to 30 days for major suspects who commit crimes on the run, commit crimes for many times and commit crimes by gangs. The procuratorate examines the arrest case and makes a decision on whether to approve or disapprove the arrest within 7 days. In this way, the longest period of public security criminal detention can reach 37 days, and lawyers' applications for bail pending trial are mainly concentrated in 37 days, so these 37 days are also called "golden 37 days".

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

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 68 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.

Article 69 A guarantor must meet the following conditions:

(1) is irrelevant to this case;

(2) Having the ability to perform the guarantee obligations;

(three) enjoy political rights and personal freedom is not restricted;

(4) Having a fixed residence and income.