The 37-day golden period for release on bail pending trial means that the public security organs are most likely to release on bail pending trial during the criminal detention stage. The period of public security criminal detention before arrest is 3 days, which can be extended by 1 to 4 days under special circumstances. It can be extended to 30 days for major suspects who commit crimes on the fly, commit multiple crimes, or commit crimes in gangs; the procuratorate will review the arrest case and make an approval within 7 days. A decision to arrest or not to authorize an arrest. In this way, the maximum period of public security criminal detention can be up to 37 days, and lawyers' applications for bail pending trial are mainly concentrated on 37 days, so these 37 days are also called the "golden 37 days."
Of course, during the arrest stage after public security criminal detention, and the subsequent procuratorate and court stages, there is also the possibility of being released on bail pending trial, but the proportion is very small.
In criminal cases, criminal suspects are usually detained. The most important thing is to be released on bail pending trial. Release on bail pending trial should meet the following conditions:
1. May be sentenced to surveillance, criminal detention or independence Additional penalties apply. That is to say, if the criminal suspect or defendant has committed a minor crime and does not need to be arrested, but may evade investigation, prosecution and trial, etc. and hinder the smooth progress of the proceedings, he should be released on bail pending trial.
2. The person may be sentenced to a term of imprisonment or more, and being released on bail pending trial will not pose a social risk. That is, if the crime of a criminal suspect or defendant is serious, but there will be no social danger when released on bail pending trial, and there is no need for arrest, he should be released on bail pending trial.
3. Those who should be arrested but are not suitable for detention due to serious illness, or who are unable to take care of themselves due to illness, may be released on bail pending trial.
4. Those who should be arrested according to law but are pregnant or breastfeeding their own babies. In this case, if the person is discovered before the arrest, the arrest cannot be decided; if the person is discovered after the arrest, the coercive measures should be changed to release on bail pending trial.
After interrogation and review, the criminal suspect detained in accordance with the law believes that arrest is necessary, but the evidence is insufficient. This refers to a situation where a detainee may be sentenced to a term of imprisonment or more, but there is insufficient evidence to prove the facts of his crime. Corresponding evidence cannot be collected within the legal period of detention, but it is necessary to continue to collect evidence. Boulevard
6. Arrested and detained criminal suspects and defendants cannot conclude their cases within the statutory time limits for investigation, prosecution, first instance, and second instance, and there is no social danger in being released on bail pending trial. In addition, according to Article 37, Item 7 of the "Rules of the Supreme People's Procuratorate", criminal suspects holding valid passports or other valid exit documents can leave the country to evade investigation, but do not need to be arrested, and can be released on bail pending trial. According to Items 5 and 7 of Article 63 of the Regulations of the Ministry of Public Security, if the procuratorate refuses to approve an arrest that requires reconsideration or review, and transfers it for prosecution, the procuratorate decides not to prosecute, and the criminal suspect who requires review or review can also be released on bail. Awaiting trial.
Legal basis: Article 65 of the "Criminal Procedure Law of the People's Republic of China": People's courts, people's procuratorates and public security organs may release criminal suspects or defendants on bail pending trial under any of the following circumstances:
p>(1) May be sentenced to public surveillance, criminal detention or additional punishment independently applied;
(2) 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) Women who are seriously ill, unable to take care of themselves, pregnant or breastfeeding their own babies are released on bail pending trial and will not pose a risk to society;
(4) When the detention period expires, The case has not yet been concluded and needs to be released on bail pending trial.
Bail pending trial shall be implemented by the public security organs.