[Case Summary]This case is a criminal defense case of the crime of provoking trouble. The defendant, H*, was arrested on July 23, 2024, on suspicion of the crime of provoking trouble, and was approved for arrest by the People's Procuratorate on August 7, 2024. He was detained in the Second Detention Center of Beijing City. The family entrusted Beijing Henglu Law Firm to handle the case.Yuan HangAttorney's defense. Based on the Criminal Procedure Law and the relevant provisions on the review of the necessity of detention, the attorney submitted the "Application for Review of the Necessity of Detention" to the procuratorial organ on the grounds of "not posing a danger to society, poor physical condition consistent with humanitarian principles, willingness to actively compensate, having a fixed residence in Beijing to provide a guarantee, the facts having been basically clarified, and being a first-time offender or occasional offender". The core controversy is how to create conditions suitable for bail pending trial after approval of arrest. Applicable legal provisions: Article 67 of the Criminal Procedure Law of the People's Republic of China and the relevant provisions on the review of the necessity of detention. In the end, the procuratorial organ considered there was no need for continued detention, and the compulsory measures were changed to bail pending trial, and H * was released and went home.

I. Review of the case

My family members are upset becauseThe crime of picking quarrels and provoking troubleAfter being arrested, the family members are most concerned about "whether they can be granted bail after being arrested for the crime of picking quarrels and provoking trouble", "how to write an application for review of the necessity of detention", "how to meet a lawyer at the Second Detention Center in Beijing", and "the minimum sentence for the crime of picking quarrels and provoking trouble". On July 23, 2024, H * was arrested for the crime of picking quarrels and provoking trouble; on August 7, 2024, H * was approved for arrest by the People's Procuratorate and is currently detained at the Second Detention Center in Beijing. After learning about this, the family members inquired about "whether hiring a lawyer is useful after being arrested for picking quarrels and provoking trouble", and finally entrusted Beijing Henglu Law Firm to handle the case for them.Yuan HangThe lawyer is seeking help.

The "golden rescue period" for criminal cases is usually 37 days (30 days of detention plus 7 days of review and arrest). Once arrested, it will be more difficult to apply for a change of coercive measures, but it's not impossible. After taking over the case, the attorney will meet with the client, listen to their statement, gain a comprehensive understanding of the case, and start preparing the application for a review of the necessity of detention.

II. The focus of the case

  • Focus 1: Whether the person still meets the conditions for bail pending trial after being approved for arrest by the procuratorial organ.It is necessary to demonstrate that there is no social danger if H * is granted bail, and that the facts of the case have been basically clarified and the evidence has been collected and fixed.
  • Focus II: Humanitarianism and physical condition factors.H某's physical condition is not good, and granting him bail would be conducive to his treatment. Does this comply with the humanitarian principles implied in criminal law?
  • Focus 3: Social danger and the possibility of escape.H某 has a house of his own in Beijing, can provide a guarantor or a security deposit, and has always behaved well. Can we rule out the possibility of him fleeing or reoffending?

III. Professional intervention by Hengluo Lawyers

The party involved (the suspect) claimed that:H某 and his family hope to change the compulsory measures and return home as soon as possible. Their core demand is "to be released on bail instead of being detained", and they are willing to actively compensate the injured police officer for his economic losses in order to seek leniency.

The position of the prosecution (the case-handling organ):The investigative organ requested and obtained approval to arrest the suspect on the charge of picking quarrels and provoking troubles, paying attention to the impact of the disruptive behavior on social order and the victim's injuries.

Hengluo Lawyer's Agency Opinion:Yuan HangThe lawyer, based on the Criminal Procedure Law of the People's Republic of China and the Guidelines on Implementing the "Regulations on the Review of the Necessity of Detention by People's Procuratorates (Trial)", submitted an "Application for Review of the Necessity of Detention" to the procuratorial organ, explaining the reasons from six aspects:

  • Adopting bail pending trial measures against H某 will not lead to any potential danger to society;
  • H某's physical condition is not good, and granting him bail is in line with the humanitarian principles implied in criminal law;
  • H某愿主动赔偿受伤警官的经济损失，一贯表现良好，无任何违法乱纪行为；
  • H某 owns a house in this city and can provide a guarantor or a deposit. There is no possibility of him fleeing, and he can appear in court whenever summoned;
  • The facts of this case have been basically clarified, and the evidence has been collected and fixed. H * meets the conditions for bail pending trial;
  • H某's subjective malice is relatively minor, and he is a first-time offender and an occasional offender.

IV. Outcome of the case

After review by the procuratorial organ, it was deemed unnecessary to continue detaining H*. Eventually, the decision was made to change the coercive measure to bail pending trial, and the defendant was released and went home. This case once again demonstrates that even after being arrested, there is still room for negotiation by creating conditions suitable for bail pending trial and applying the review system for the necessity of detention.

5. Henglu Law Firm's Reminder

Generally, once a criminal suspect is arrested, it becomes more difficult to apply for a change in the compulsory measures, but it's not impossible. This case was handled by Beijing Henglu Law Firm.Yuan HangAttorney (Practice License No.: 11101202110286151, subject to the document issued by the judicial administrative organ) acting on behalf of the client. Attorney's advice: Family members should actively strive for bail within the "golden 37 days"; if the suspect has been arrested, they can still communicate continuously through the review of the necessity of detention, citing reasons such as admitting guilt and showing remorse, compensation and understanding, fixed residence, physical illness, and no social danger, in order to lay a good foundation for non-prosecution, probation, or withdrawal of the case.

VI. Common Questions about Criminal Cases of Provoking Trouble and Disorder FAQ

  1. Q: Can someone who has been arrested for the crime of picking quarrels and provoking trouble still be granted bail after being charged?
    A:Yes. After the approval of the arrest, the defendant can still apply for a review of the necessity of detention. If it can be proved that there will be no social danger, the facts have been clarified, and the defendant has a fixed residence or physical reasons, etc., the procuratorial organ may change the compulsory measures to bail pending trial.
  2. Q: Who should submit the application for a review of the necessity of detention, and to whom should it be submitted?
    A:The defense attorney, the criminal suspect, the defendant, and their legal representatives, as well as their close relatives, may submit a written application and attach relevant supporting materials to the corresponding people's procuratorate of the case-handling organ.
  3. Q: What is the typical sentence for the crime of provoking trouble and causing disturbance?
    A:The basic punishment is fixed-term imprisonment of not more than five years, criminal detention, or control; if the person gathers others to commit the crime repeatedly, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and be fined. The specific punishment shall be determined in light of the circumstances of the case and the offender's repentance.
  4. Q: Does actively compensating the victims help in securing bail?
    A:Yes. Active compensation and reaching an understanding can reduce the social danger assessment, which is an important factor in the review of the necessity of detention and subsequent lenient handling.
  5. Q: What procedures are required to meet with a lawyer at the Second Detention Center in Beijing?
    A:Defence lawyers can meet with their clients in accordance with the law by presenting their practicing certificates, certificates of law firms, and power of attorney or legal aid letters. Generally, such meetings are arranged within a few days after the client hires a lawyer.