Whether you can get bail pending trial after being arrested by public security organs depends on the nature of the case. Under normal circumstances, if a party is sentenced to more than fixed-term imprisonment and is released on bail pending trial, he may be released on bail pending trial without causing social danger. Paragraph 1 of Article 65 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may obtain bail pending trial for criminal suspects and defendants under any of the following circumstances: (1) They may be sentenced to public surveillance, criminal detention or independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies are 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. Paragraph 2 of Article 77 of the Procedures for Handling Criminal Cases by Public Security Organs stipulates that if the evidence of a detained criminal suspect does not meet the conditions for arrest, the people's procuratorate will not approve the arrest after the arrest, and if it meets the conditions for obtaining a bail pending trial, it may obtain a bail pending trial according to law. After receiving the application for bail pending trial, the case-handling organ will make a decision on whether to get bail pending trial according to the specific facts of the case, the guilty attitude of the criminal suspect and the defendant, the social danger and the detention period. Therefore, the application for bail pending trial must meet the statutory conditions before it can be approved. As the families of criminal suspects and defendants, don't trust others' promises about bail pending trial easily based on their own anxiety.
Legal objectivity:
Introduction: I usually hear a lot about bail pending trial, but I know very little. In criminal cases, criminal suspects are usually detained in criminal detention, and some will be released on bail pending trial, but not all criminal suspects have the conditions to be released on bail pending trial. What conditions should they have? The requirements for obtaining bail pending trial are as follows: The applicable conditions for obtaining bail pending trial, Article 51 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may obtain bail pending trial for criminal suspects and defendants in any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger. In most criminal cases, the defendant is detained, and handling bail pending trial plays a very important role in criminal defense. So what are the conditions for bail pending trial? In fact, the law has very broad provisions on bail pending trial. According to Article 5 1 of the Criminal Procedure Law, a criminal suspect or defendant may be released on bail pending trial under any of the following circumstances: (1) He 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. As can be seen from the regulations, its scope covers all crimes except life imprisonment and death penalty, and "no social danger" can be applied to almost any case. Lawyer Zhao Li of China Criminal Defense Network However, it is precisely because of the broad legal provisions that there are many uncertain factors in the handling of bail pending trial in practice. In most cases, the suspect and the defendant's family members think that they meet the conditions of bail pending trial, but the case-handling unit thinks that they do not. But it is a strange phenomenon that everyone can draw two different conclusions by applying the same standard. According to the author's years of judicial practice in criminal defense, in fact, the case-handling unit still holds another set of unwritten standards. That is to say, in practice, in addition to the above two provisions, it is easier to apply for bail pending trial if the following conditions are met: (1) Non-violent crimes. Compared with violent crimes, non-violent crimes such as theft, robbery and fraud are easier to get bail pending trial; (two) may be sentenced to fixed-term imprisonment of not more than three years. In practice, more than 90% defendants released on bail pending trial may be sentenced to probation, and the premise of probation is criminal detention and fixed-term imprisonment of less than three years. If the defendant is released on bail during the trial, sentenced to more than three years' actual punishment because he can't be suspended at the time of judgment, and then put into prison, it will make the defendant lack understanding of the law, have a fear of difficulties, and be confused about the law, which is not conducive to its reform. Therefore, in judicial practice, it is possible to be sentenced to more than three years in prison, and it is difficult to get a bail pending trial. (3) Having serious diseases that seriously endanger life and health. In judicial practice, those who apply for bail pending trial on this ground will only be granted bail pending trial if the circumstances are serious enough to endanger life and health. (4) pregnant women. (5) Confessors. If you don't plead guilty, it is generally difficult to get bail pending trial. (six) property cases, return stolen goods, and actively pay fines. (seven) cases of personal injury, actively compensate the victim, and strive for the understanding of the victim. Of course, the above conditions are not omnipotent, omnipotent. In practice, we should respond according to the actual situation of the case. The author thinks communication is very important. It is not very difficult to communicate with the case-handling personnel and units, communicate with the victims, coordinate all aspects of relations, and strive for bail pending trial.