[Case Summary]This case involves criminal defense for fraud and successful bail pending trial. The suspect, L*, was detained on suspicion of fraud on July 16, 2024, and was approved for arrest on August 8. He is currently detained at the Beijing Chaoyang Detention Center. His family contacted Beijing Henglu Law Firm for legal assistance.Yuan HangThe lawyer met with the police officer in charge of the case to understand the reasons for the arrest, and based on the circumstances of the case, he believed that L*'s crime was minor and there would be no social danger if he was granted bail. He submitted an application for a review of the necessity of detention. From the aspects of compensation and understanding, pleading guilty and accepting the punishment, the amount of only over 40,000 yuan, and the need to take care of the young daughter, etc., he successfully obtained bail in less than a week.

I. Review of the Case Facts

The family members are most concerned about "whether they can be granted bail after being approved for arrest" and "whether they can be granted bail if the amount of the fraud is small". Recently, Beijing Henglu Law FirmYuan HangWhen handling the case of L*, who was suspected of fraud, the lawyer successfully obtained bail for L* within less than a week by submitting an application for review of the necessity of detention to the procuratorial organ. Case summary: The suspect L* was detained on suspicion of fraud on July 16, 2024, and was approved for arrest on August 8. He is currently detained in the Beijing Chaoyang Detention Center.

After learning that L * had been arrested, his family contacted Beijing Henglu Law Firm.Yuan HangAfter receiving the client's entrustment, the lawyer first met with the client and the investigating police officer to fully understand the case, especially the specific reasons for the arrest. Based on the facts of the case, relevant laws and regulations, and the criminal justice policy of combining leniency with severity, Hengluo Law Firm believes that the suspect L *'s crime is minor, and bail pending trial will not hinder the review of the case, nor will it pose a social danger. Therefore, the lawyer submitted the "Application for Review of the Necessity of Detention" and related materials to the procuratorial organ, and successfully changed the compulsory measure for L * to bail pending trial according to law.

II. The focus of the case

  • Focus 1: The initiation and success factors of the review of the necessity of detention after approval of arrest.It is demonstrated that there is no need to continue detaining the suspect based on the circumstances of the crime and the social danger it poses.
  • Focus Two: The argument that the crime is minor and poses a low social danger.The circumstances are as follows: the defendant has reached a settlement with the victim, admitted his guilt and accepted the punishment, the amount of the compensation is relatively small, and the defendant needs to take care of his young daughter.
  • Focus 3: The integration and presentation of circumstances such as compensation for losses, understanding of the case, and admission of guilt and punishment.It is systematically explained from eight aspects.

III. The professional intervention of Hengluo Law Firm

The party concerned claimed that:L某 has already made restitution, admitted his guilt and pleaded guilty, and the amount involved is small. Moreover, the minor daughter needs care, so we earnestly request that he be granted bail.

The position of the prosecution (the investigating authority):He/she has been arrested and it is necessary to review whether it is necessary to continue to detain him/her.

Hengluo Lawyer's Agency Opinion:Hengluo Lawyer explained the factual reasons from the following points: 1. L某 and his family have cooperated in returning the illegal proceeds and reaching a settlement with the victims, providing a letter of apology; 2. L某 pleaded guilty to the charge of fraud, made a truthful statement, and expressed sincere remorse; 3. The amount involved in the case is only over 40,000 yuan; 4. L某's daughter is still young and needs family care; 5. L某 is willing to sign a guarantee letter and attend court promptly when summoned; 6. L某 has consistently demonstrated good behavior and is unlikely to pose a danger to society; 7. His family can provide a guarantor or bail; 8. This is a crime that violates financial management order, and bail will not pose a danger to society. In summary, L某 no longer meets the criteria for continued detention and should be converted to bail pending trial.

IV. Outcome of the case

After review by the procuratorial organ, it was deemed unnecessary to continue detaining L*. The procuratorial organ recommended to the public security organ to change the compulsory measures, and the recommendation was accepted. L*, who had been arrested earlier, was granted bail pending trial. Hengluo Law Firm will continue to follow up on the progress of the case, formulate the next defense strategy, and do its best to safeguard the legitimate rights and interests of the client.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent. After the approval of arrest, there is still a necessity review of detention, and the attorney's early intervention can help grasp the opportunity and defend the client's rights and interests.

VI. Common Questions and Answers about Bail for Fraud Cases

  1. Q: Can a person still be granted bail pending trial after being approved for arrest by the public security organ?
    A:Yes. You can apply for a review of the necessity of detention and strive for it. If it can be demonstrated that there is no necessity for continued detention, the procuratorial organ may suggest changing the compulsory measures.
  2. Q: How long does it take to get the result of the review of the necessity of detention?
    A:There is no unified time limit. It usually depends on the completeness of the materials and the pace of the case handling. Professional lawyers can speed up the communication process.
  3. Q: Can I be granted bail if the amount of the fraud is small?
    A:The small amount of the crime, the defendant's admission of guilt and punishment, and the compensation and apology from the victim are important favorable factors for mitigating punishment and obtaining bail.
  4. Q: Is it useful for family members to hire a lawyer if their relative has been arrested and charged with a crime?
    A:It's useful. Lawyers can meet with the detainee, understand the reasons for the arrest, submit a review of the necessity of detention, and strive to secure bail for the detainee.
  5. Q: What is the effect of a compensation agreement and a settlement on bail release?
    A:Retracting all illegal gains and obtaining the victim's forgiveness can significantly reduce the evaluation of social dangerousness and help obtain bail.