The conditions for obtaining bail pending trial are:
1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2, may be sentenced to more than fixed-term imprisonment, taking bail pending trial will not cause social danger;
3. Suffering from serious illness, unable to take care of themselves, pregnant or nursing a baby, and taking bail pending trial will not cause social danger;
4, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
The process of obtaining bail pending trial is as follows:
1. I or my family and my lawyer apply to the case-handling organ for bail pending trial;
2, the case handling organ to fill in the "application for bail report", approved by the county and city public security organs;
3, put forward a guarantor or deposit, examined by the case handling organ;
4. Announce regulations, explain matters and inform legal responsibilities to the person who is released on bail pending trial;
5, the bail pending trial personnel handed over to the police station for execution;
6. Get bail pending trial.
To sum up, the summons for bail pending trial will generally not exceed 24 hours. In the case of long-term summons, the summoned person will be given certain food and rest during the interrogation. In legal norms, although there is no limit on the number of summonses, it is stipulated that continuous summonses are not allowed.
Legal basis:
Article 1 19 of the Criminal Procedure Law of People's Republic of China (PRC).
A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificates of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.