Can a woman be released on bail if she is pregnant?

According to the relevant laws and regulations, detained criminal suspects and defendants, their legally-designated persons, and close relatives have the right to apply for release on bail pending further investigation. Where a criminal suspect is arrested, the lawyer he hires may apply for release on guarantee pending further investigation. Applications for release on guarantee pending further investigation shall be in writing.

The pregnancy of the suspect's wife is not a legal condition for release on bail pending further investigation. Criminal Procedure Law: Article 65 clearly stipulates that the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on guarantee pending further investigation under any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

1.In ordinary ordinary criminal cases, where a suspect is already pregnant at the time of arrest, the public security organs shall report to the procuratorate together with the arrest approval materials, and the procuratorate shall be in a humanitarian position at the same time as the suspect is granted bail pending further investigation and placed under residential surveillance. If a pregnant woman has not given birth or has given birth (breastfeeding) for 3 years (including 3 years) during the court trial, and the ordinary criminal case is not harmful to society, a suspended sentence shall be considered.

2.The suspect in the criminal case was arrested by the public security organs, and a criminal lawyer was hired to intervene as soon as possible to ensure the legitimate rights and interests of the suspect. If the public security organ has completed the investigation and transferred it to the procuratorate, it shall apply to the procuratorate for medical parole, and the case-handling unit shall carry out the formalities for release on guarantee pending residential surveillance, and the woman's pregnancy complies with the legal provisions on release on guarantee pending residential surveillance and requires a security deposit.

According to the provisions of the Criminal Procedure Law, the circumstances under which release on bail may be applied are those in which the criminal suspect who should be arrested suffers from a serious illness or is a woman who is pregnant or breastfeeding her or her baby under the age of one.

If the woman is troubled by herself, she can apply for release on bail pending trial: (1) she may be sentenced to controlled release, criminal detention or an independent supplementary sentence; (2) Where a criminal suspect in custody and his legally-designated persons and close relatives have the right to apply for release on bail pending further investigation without knowing that there is a danger to society, Article 52 of the Criminal Procedure Law stipulates that a criminal suspect in custody, his or her legally-designated persons, and close relatives have the right to apply for release on bail pending further investigation. As long as the above conditions are met, you can apply for release on bail pending further investigation.

You can generally be released on bail. Due to the particularity of their status, pregnant women have always been the object of special care in China's criminal law, not only based on humanitarian considerations, but also the embodiment of the principle of modesty and prudence in the criminal law. Because a woman is pregnant, the conditions of supervision and hygiene in the place of custody are difficult to match with the physical condition of the pregnant woman, and she will generally be released on bail pending further investigation if she is released on bail pending further investigation without causing danger to society.

Here, the pregnancy should be interpreted as an expansive one, and a woman who miscarred after pregnancy should also be considered a pregnant woman and may be released on bail pending 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 guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; 2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; 3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society; 4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

OK. The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation under any of the following circumstances: 1. They may be sentenced to controlled release, short-term detention, or independently applying supplementary punishments; 2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; 3. Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on bail pending further investigation without thinking about causing danger to society.

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. People's Republic of China Criminal Procedure Law Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) Where a person might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (2) A sentence of fixed-term imprisonment or higher might be given, and the use of release on guarantee and trial will not cause danger to society; 3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society; 4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

If she is pregnant and released on bail pending trial, she will be sentenced if she falls under the circumstances that should be searched and sentenced in a split state. Release on bail pending further investigation is a form of temporary non-detention of criminal suspects adopted by relevant authorities. Persons who should be arrested may be released on bail if they are found to have a serious illness, or if they are pregnant, breastfeeding their own children, or if they have committed less serious crimes.

[Legal basis].Article 67 of the Criminal Procedure Law of the People's Republic of China.

The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on bail pending further investigation is to be enforced by the public security organs.

Of course, it is possible to get pregnant while on bail. Bail will not be released after pregnancy, but the pregnancy or lactation period will be taken into account at the trial, and a lenient sentence will be given as appropriate. According to the provisions, the people's courts, people's procuratorates, and public security organs may release the criminal suspect or defendant on guarantee pending further investigation if a woman who suffers from a serious illness, is unable to take care of herself, is pregnant, or is breastfeeding her own baby, and is released on bail pending trial so that there will be no danger to society.

Article 67 of the Criminal Procedure Law: The people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on guarantee pending further investigation in any of the following circumstances: (1) where a person might be sentenced to controlled release, short-term detention, or an additional sentence may be applied independently; 2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; 3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society; (4) Where the period of detention has expired, the case has not yet been completed, and it is necessary for the brother to be released on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Pregnancy on bail for a maximum of 12 months. According to Article 79 of the "Criminal Procedure Law," the people's courts, people's procuratorates, and public security organs may not release a criminal suspect or defendant on bail pending further investigation for a maximum of 12 months, and residential surveillance must not exceed six months.

During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period of release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be lifted at the time of closure. Where release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.

Article 79 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months. During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted.

When release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.