[Case Summary]This case involves criminal defense for the crime of fraud (criminal case filing). On July 15, 2025, Liu Gang was detained on suspicion of fraud, and there was a child under one year old at home who needed to be taken care of. The family entrusted the Beijing Henglu Law Firm to handle the case.Yuan HangThe lawyer intervened and successfully argued against the approval of the arrest warrant at the critical stage of the review and approval process. Through multiple meetings, verification of the defendant's first-time offender status, and full restitution to obtain the victim's understanding, the lawyer demonstrated from seven dimensions including admitting guilt and repentance, voluntary confession, plea bargaining, and lack of social danger. The prosecution authority adopted the lawyer's arguments and decided not to approve the arrest warrant and to change the coercive measures to bail pending trial. The core disputes were whether there was a necessity for arrest and whether there was social danger. The applicable legal provisions were Article 67 of the Criminal Law and Articles 67 and 81 of the Criminal Procedure Law.

I. Review of the case

Families often search for information such as "What to do if someone is detained for suspected fraud", "Can a lawyer help secure bail for fraud charges", "How to fight against the approval of detention for family members who have been criminally detained", and "Can a plea for restitution and understanding avoid prosecution". On July 15, 2025, Liu Gang was detained by the public security bureau on suspicion of fraud. With an infant under one year old still at home needing care, the sudden change plunged the family into panic. In this time of crisis, the family entrusted the Beijing Henglu Law Firm to handle the case.Yuan HangThe lawyer intervened and made every effort to oppose the approval of the arrest and to change the coercive measures to bail pending trial when the case entered the critical stage of review and approval of the arrest.

II. The focus of the case

  • Focus 1: Whether there is any social dangerosity.Does it meet the conditions for bail pending trial set forth in Article 67 of the Criminal Procedure Law, and is there a risk of danger to society?
  • Focus II: The seriousness of the crime and mitigating circumstances.Can first-time offenders, repeat offenders, confessions, admissions of guilt and punishment, restitution, and understanding reduce social harm?
  • Focus 3: Special circumstances of the family.Is the need to care for young children a factor in providing humanitarian support and ensuring prompt response to emergencies?

III. Professional intervention by Hengluo Law Firm

The suspect, Fang, claimed that:Liu Gang has a clear understanding of the illegality of his actions, has a sincere attitude, is willing to take corresponding responsibilities, and has no objection to the charge of fraud. He has a strong willingness to plead guilty and repent. His family hopes that he can return home to take care of the children.

The position of the prosecution (the investigating authority):He/She was brought to trial on suspicion of fraud, with the focus on the facts of the crime, the evidence, and the social danger it posed.

Legal Opinion by Hengluo Law Firm:Yuan HangThe lawyer went to the detention center to meet with Liu Gang several times as soon as possible, verified that Liu Gang had no criminal record and was a first-time offender, and coordinated with the family to fully refund the illegal proceeds and obtain the victim's written forgiveness. The lawyer formulated the "plea of guilty and repentance + minor circumstances + no social harmfulness" approach, and submitted an application for refusal of arrest to the procuratorate, arguing from seven dimensions: plea of guilty and repentance, refund of illegal proceeds, and obtaining the victim's written forgiveness to reduce social harm; truthful confession constitutes a confession according to Article 67 of the Criminal Law, which can be given a light punishment; voluntary plea of guilty and sentencing cooperation with the procedure; consistent good behavior without the risk of reoffending; the family provided a guarantee to ensure that Liu Gang would appear when summoned; the children are under one year old and need humanitarian care; and fraud is a non-violent crime, so bail is in line with Article 67 of the Criminal Procedure Law.

IV. Outcome of the case

AfterYuan HangThe lawyer provided professional defense and active communication, and the procuratorial organ accepted the defense opinion in accordance with the law, deciding not to approve the arrest of Liu Gang and changing the compulsory measures to bail pending trial. Liu Gang regained his freedom and returned to his family, continuing to accompany his young children and cooperating with subsequent judicial procedures. This case cites the relevant provisions of Article 67 Paragraph 3 of the Criminal Law of the People's Republic of China (confession), Article 67 of the Criminal Procedure Law of the People's Republic of China (conditions for bail pending trial), and Article 81 (conditions for arrest).

5. Henglu Law Firm's Reminder

An arrest must meet the requirements of evidence, punishment, and the necessity of arrest. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, the document issued by the judicial administrative organ shall prevail) acts as the agent. Attorney's advice: After a relative is detained in criminal custody, it is necessary to hire a lawyer as soon as possible to meet with him/her, verify the case facts, and promote the return of the money and the reaching of a settlement; for non-violent crimes, those without social danger, and those with special difficulties in their families, the focus can be on meeting the statutory conditions for bail pending trial to strive for not approving the arrest and reducing the impact of detention.

VI. Frequently Asked Questions (FAQ) about Criminal Bail Cases

  1. Q: Can a person who is detained for suspected fraud be granted bail pending trial?
    A:As long as you meet the requirements, you can apply for bail. If you are a first-time offender, have compensated for the losses, reached a settlement with the victim, pose no threat to society, and committed a non-violent crime, you can focus on applying for bail in accordance with Article 67 of the Criminal Procedure Law.
  2. Q: Is it helpful for obtaining bail if the defendant reaches an agreement with the victim and obtains their forgiveness for the crime committed?
    A:This is very crucial. Fully refunding the compensation and obtaining a written apology can significantly reduce social harm, which is an important factor in deciding not to approve the arrest warrant.
  3. Q: What conditions must be met for an arrest to take place?
    A:According to Article 81 of the Criminal Procedure Law, the three conditions must be met simultaneously: the existence of evidence, the possibility of sentencing to imprisonment or a more severe punishment, and the existence of social dangerousness.
  4. Q: When is it a good time to hire a lawyer if a family member has been detained by the police for criminal investigation?
    A:The earlier, the better. The review and approval of arrest is a crucial time window to strive for non-approval of arrest and modification of bail. It is necessary to meet and communicate with the client as soon as possible during this period.
  5. Q: Can confessing and pleading guilty to the charges result in a more lenient punishment?
    A:Yes. Making a truthful confession constitutes a confession under Article 67 of the Criminal Law, which may result in a lighter punishment. Voluntarily pleading guilty and accepting the punishment also constitutes a circumstance for lenient treatment.