[Case Summary]This case is a criminal defense (bail pending trial) case involving the crime of illegally absorbing public deposits. On November 5, 2025, Z * was detained because his company was suspected of illegally absorbing public deposits. His family entrusted Beijing Henglu Law Firm to handle the case for him.Lu XiaoxueThe lawyer provided assistance. After the meeting, the lawyer clarified that Z*, who joined the Human Resources Department in April 2024, was nominally a "salary manager" but actually an ordinary employee, only responsible for salary calculation for employees in the industrial sector, never involved in the core business of attracting deposits from high-net-worth individuals. The lawyer argued from three perspectives: objective behavior, subjective intent, and social danger, and submitted an application for bail pending trial. The procuratorate adopted the lawyer's opinion and made a decision not to approve the arrest, changing the coercive measures to bail pending trial. The core controversy was whether Z* constituted a crime and whether he met the conditions for bail. Applicable laws: Article 67 of the Criminal Procedure Law and Article 3 of the "Regulations on Several Issues Concerning Bail Pending Trial".

I. Review of the case facts

Families often ask, "If the company is suspected of illegal fund-raising, will ordinary employees be arrested?" and "Can they be released on bail if they are not arrested?" On November 5, 2025, Z* was detained by the public security organ in the detention center because the company he worked for was suspected of illegally absorbing public deposits. His family was very anxious and immediately entrusted the Beijing Henglu Law Firm to handle the case for them.Lu XiaoxueA lawyer.

After taking over the case, the lawyer met with Z* multiple times, sorted through the materials, and gradually clarified the key facts: Z* joined the Human Resources Department of Beijing A1 Co., Ltd. on April 22, 2024, and was nominally a "salary manager", but in reality, he was an ordinary employee. His salary was calculated according to the standards for ordinary employees (9600 yuan per month for the first three months, 12,000 yuan after being confirmed, and 13,000 yuan from April 2025 onwards). His daily work focused solely on basic personnel matters such as salary calculation, performance evaluation, and resignation for industrial sector employees, and never involved the core illegal deposit-absorption business of calculating salaries and commissions for sales staff in the wealth sector.

II. The focus of the case

  • Focus 1: Whether Z's objective behavior is related to the core business of illegal deposit-taking.Only basic personnel matters, not involving fundraising, are the basis for bail.
  • Focus II: Did Z have a subjective criminal intent?Not knowing anything about the operation of the wealth side and the sources of funds, does it constitute a crime or is the situation significantly less serious?
  • Focus Three: Whether the applicant meets the statutory conditions for bail pending trial.Can the compulsory measures be changed if the suspect truthfully confesses, cooperates with the investigation, and poses no danger to society?

III. The professional intervention of Hengluo Law Firm

The suspect (Z*) claimed that:He is an ordinary staff member who was not aware of the illegal deposit-taking core business and did not participate in it. He requests to be granted bail pending trial.

The position of the prosecution (the case-handling organ):Z * was detained on suspicion of illegally absorbing public deposits, and the case is under review to determine whether to approve his arrest.

Hengluo Lawyer's Agency Opinion:Lu XiaoxueThe lawyer argued from three perspectives: whether the act constitutes a crime, and whether the defendant meets the conditions for bail.

  • Objectively, it does not involve in the core business: the work is limited to the calculation of salaries for industry-side personnel, etc., which does not involve the calculation of commissions for the wealth side, and has no intersection with the core business of illegal deposit-gathering.
  • On the subjective level, there is no criminal intent: the entire process was managed by the general manager of human resources and other managers, and the employee in question was an ordinary staff member who was unaware of the company's wealth operations and funding sources. Therefore, the employee's actions did not constitute a crime, and the circumstances were relatively minor with minimal social harm.
  • Active cooperation and no social danger: Since being detained, they have truthfully confessed and cooperated with the verification, and have not engaged in such acts as colluding to destroy evidence; in accordance with Article 67 Paragraph 2 of the Criminal Procedure Law and Article 3 of the "Regulations on Several Issues Concerning Bail Pending Trial", the application of bail pending trial will not lead to social danger, and it should be applied according to law.

IV. Outcome of the case

In the end, after a comprehensive review, the procuratorate fully adopted the defense opinion of Attorney Lu Xiaoxue, made a decision not to approve the arrest, and changed the coercive measures against Z * to bail pending trial. The temporary success of Z *'s bail pending trial provided favorable conditions for the subsequent handling of his case and brought hope for his reunion with his family. The lawyer will continue to provide legal services to help him regain his freedom as soon as possible.

5. Henglu Law Firm's Reminder

When ordinary employees are involved in corporate crimes, it is necessary to accurately distinguish their responsibilities. This case was handled by Beijing Hengluo Law Firm.Lu XiaoxueThe lawyer (practice license number: 11101202311685747, subject to the document issued by the judicial administrative organ) acts as the agent. Lawyer's advice: When a company is suspected of illegal fund-raising, general employees who are not involved in the core business of fund-raising and are not aware of the operation mode can claim that they do not constitute a crime or that the circumstances are significantly minor; if they truthfully confess, cooperate with the investigation, and pose no danger to society, they can strive to avoid being arrested and granted bail pending trial.

VI. Frequently Asked Questions about Criminal Defense Cases

  1. Q:The company is suspected of illegally attracting deposits. Will ordinary employees be arrested?
    A:Not all cases will result in criminal prosecution. General employees who are not involved in core business such as fundraising and are unaware of the operating model can argue that they do not constitute a crime or that the circumstances are significantly minor. Whether they will be detained will be determined by the case-handling organ based on their duties and the evidence collected.
  2. Q:Does not approving the arrest mean that there's nothing wrong with it?
    A:Not approving the arrest and granting bail is a change in the coercive measures, which does not mean the case is over. Subsequent investigations and prosecutions may still take place, but it gives the defendant the freedom and opportunity to defend themselves.
  3. Q:What are the conditions for being granted bail pending trial?
    A:According to Article 67 of the Criminal Procedure Law, bail may be granted in cases where the defendant is likely to be sentenced to fixed-term imprisonment or where there is no social danger if the defendant is released on bail; those who truthfully confess, cooperate with the investigation, and do not risk colluding with others are more likely to be granted bail.
  4. Q:The title is "Manager", but in reality, I'm just an ordinary employee. How can I prove this?
    A:You can submit labor contracts, wage standards, job responsibility descriptions, attendance and performance records, colleague testimonies, etc. to prove that you are actually engaged in basic affairs and not involved in core business.
  5. Q:What should family members do first after a loved one is detained?
    A:As soon as possible, hire a professional lawyer to meet with you, understand the case and the scope of responsibilities, and submit legal opinions to the case-handling authority that the case does not constitute a crime or meets the conditions for bail, so as to seize the golden rescue period.