[Case Summary]This case involves the defense (bail pending trial) of the crime of illegally absorbing public deposits. H * was criminally detained on August 25, 2024, on suspicion of illegally absorbing public deposits. His family immediately entrusted the Beijing Henglu Law Firm to handle the case.Yuan HangAttorney. During the attorney's meeting, it was learned that H * also invested a large amount of money in financial management while working at Company A, and H * himself was a victim. His family has already refunded and compensated for the wages and salaries of 200,000 yuan. H * was unaware of the basic facts, played a minor role, and had no likelihood of reoffending. The attorney actively communicated with the case-handling organ and submitted an application for refusal to approve the arrest, explaining it from multiple perspectives including facts, constitutive elements, and social harmfulness. During the detention period, H * successfully obtained bail pending trial in accordance with Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law and regained his freedom. The core controversy lies in the bail conditions and the reasons for refusing to approve the arrest. Applicable legal provisions: Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law of the People's Republic of China.

I. Review of the Case Facts

Can I be granted bail if I am charged with illegally absorbing public deposits? The "conditions for not approving arrest in the case of non-absorption crime" are frequently searched by the families of those involved in financial crimes. H * was detained on suspicion of illegally absorbing public deposits on August 25, 2024, and his family was very anxious. They immediately contacted Beijing Henglu Law Firm for help.Yuan HangAttorney. To ensure efficiency, the attorney will meet with the client as soon as possible to understand the case and the family situation: H* invested over 100,000 yuan in financial products during his employment at Company A, indicating that he was optimistic about the project and was deceived by the promotional materials. H*'s family has cooperated in completing the full repayment of their salary and income, with the total amount repaid reaching 200,000 yuan.

After the meeting, the lawyer learned that H * was unaware of whether the basic facts of the case involved illegal crimes, and he had no criminal intent. His role in the entire case was very limited. Based on this, the lawyer actively communicated with the case-handling organ and submitted an application for refusing to approve the arrest, explaining it from various aspects. In the end, he successfully obtained bail pending trial during the detention period.

II. The focus of the case

  • Focus 1: Whether H * meets the conditions for bail pending trial.The focus is on not posing a social risk, being available for immediate transfer, and providing a guarantor or a security deposit.
  • Focus 2: The subjective malice of H and the extent of his influence.The focus is on whether he knew he was breaking the law, what role he played in the case, and whether his actions justified the decision not to approve the arrest warrant.
  • Focus 3: Retreat and compensation, and identification of social harmfulness.The focus is on the family's repayment of 200,000 yuan and the impact of H's status as a victim on his bail application.

III. The professional intervention of Hengluo Law Firm

The suspect (the defendant) claimed that:H* claimed that he did not know the basic facts, had no criminal intent, and played a minor role in the crime. His family has already made restitution of 200,000 yuan, and he requested to change the compulsory measures to bail pending trial.

The position of the prosecution (the case-handling organ):The case-handling organ detained H * criminally on suspicion of illegally absorbing public deposits and is reviewing whether to approve the arrest warrant.

Hengluo Lawyer's Agency Opinion:Yuan HangThe lawyer submitted an application for refusing to approve the arrest, elaborating on it from seven aspects: 1. The family has cooperated in completing the full refund of their salary income, totaling 200,000 yuan; 2. H某 himself was also a victim. He invested a large sum in financial products at Company A and was deceived by the company’s long-term promotional campaigns, becoming an unfortunate tool of the crime; 3. H某’s role was minor, and his subjective malice was minimal. Before leaving the company, he worked as a low-level salesperson, had no knowledge of the company’s main operations, and did not participate in promotional activities; 4. His children are young and need family care; 5. He has consistently demonstrated good behavior, and refusing to approve the arrest will not pose a danger to society; 6. He has a fixed residence and can provide a guarantor or a guarantee deposit, ensuring he will not flee; 7. This case involves crimes against financial management order, and refusing to approve the arrest will not lead to a risk to society. According to the relevant provisions of the Criminal Procedure Law, we earnestly request that the arrest be refused and the bail conditions be modified.

IV. Outcome of the case

Hengluo Law Firm's legal opinion was accepted by the case-handling authority. According to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law of the People's Republic of China, we successfully obtained bail for H* during the detention period. H* regained his freedom and reunited with his family 30 days after the expiration of his detention period.

5. Henglu Law Firm's Advice

In financial crimes involving multiple parties, the lower-level individuals are often also victims. This case was handled by Beijing Henglu Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the document issued by the judicial administrative organ): Note: For crimes such as drug-related offenses involving criminal detention, family members should promptly hire a lawyer to meet with the detainee and submit an application for refusal of formal arrest. The defense should focus on proving the defendant's subjective malice, the extent of their involvement, restitution, and the social dangerousness to secure bail. Considering the lenient and strict punishment policy, those with minor roles, no intentional acts, and who have already made restitution may have a chance to secure bail during the detention period.

VI. Common defense issues in the case of the crime of illegally absorbing public deposits - FAQ

  1. Q: Can a person who illegally absorbs public deposits be granted bail pending trial?
    A:Yes. If the defendant's role is minor, the subjective malice is limited, he/she has made restitution and compensation, and poses no social danger, he/she may strive to be granted bail instead of being approved for arrest. In this case, the detention period was successfully shortened.
  2. Q: What are the conditions for not approving the arrest of a person suspected of a non-violent crime?
    A:Combined with the fact that there is no social danger, the defendant can be summoned at any time, and he/she can provide a guarantor or a deposit. Based on the circumstances of the case and the compensation for the losses, the defendant applies for bail in accordance with Article 67 of the Criminal Procedure Law.
  3. Q: Does bottom-level sales also constitute the crime of illegal fund-raising?
    A:It's possible. However, if you don't know it's illegal, have a limited role, and don't participate in decision-making or promotion, you can argue that you didn't act with intent and your role was limited, and strive for a light punishment or bail.
  4. Q: Does the family's repayment of the compensation help with bail release?
    A:Yes. Actively repaying wages, salaries, and other income, and reducing social harm, are important considerations for not approving arrest. In this case, the defendant repaid 200,000 yuan in compensation.
  5. Q: How long will it take to be released after being detained for drug-related offenses?
    A:The detention period is generally up to 37 days. If a lawyer intervenes in time to communicate with the authorities and submits a request for refusal to approve the arrest, the detainee may be granted bail during the detention period. In this case, the detainee regained his freedom before the expiration of the 30-day detention period.