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, should be arrested, but suffering from serious illness, not suitable for detention;
4. Those who should be arrested according to law, but are pregnant or nursing their own babies.
5, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. If the criminal suspect in custody does not meet the conditions for arrest, the public security organ may decide to obtain bail pending trial; If the procuratorial organ refuses to approve the arrest and needs reconsideration, the public security organ may decide to obtain bail pending trial; After the transfer of prosecution, the procuratorial organ decides not to prosecute, and if reconsideration or review is needed, the public security organ may decide to obtain bail pending trial; If the case of detaining a criminal suspect or defendant cannot be closed within the time limit for investigation and detention, the time limit for examination and prosecution, and the time limit for first instance and second instance stipulated in the Criminal Procedure Law, the criminal suspect may be released on bail pending trial.
Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. Criminal suspects, defendants and their legal representatives, close relatives and lawyers in custody shall apply for bail pending trial in written form, and the organ with the right to decide shall give a reply on whether or not to agree within 7 days after receiving the written application.
Legal basis: Article 65 of the Criminal Procedure Law.