[Direct answer]In the Beijing area, it's useful, and often one of the key factors for successful bail pending trial. Bail pending trial has statutory conditions. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), those who may be sentenced to control, detention, or apply for additional punishments independently, those who may be sentenced to fixed-term imprisonment but will not pose a social danger if granted bail, and women with serious illnesses, who are unable to take care of themselves, pregnant or breastfeeding their own babies, etc., can apply for bail pending trial. The value of lawyers writing applications lies in: first, accurately judging whether the case meets the threshold for criminal prosecution and whether it is a case with significantly minor circumstances; second, demonstrating one by one that there is no social danger; third, sorting out mitigating circumstances such as voluntary surrender, confession, admission of guilt and punishment, and compensation and apology; fourth, attaching materials such as medical records, guarantors, and bail to form a complete chain of persuasion. Applications written by family members often only mention difficulties and plead for mercy, which is difficult to meet the substantive requirements of statutory conditions.

1. Problem background and typical scenarios

After a family member is detained in criminal custody, the most urgent demand of the family is to secure bail as soon as possible. Common situations include: the facts of the case are not serious, but the family gives up seeking help due to unfamiliarity with the law; the defendant has circumstances such as voluntary surrender, admission of guilt and punishment, but fails to effectively express them in the application; the defendant suffers from a disease requiring continuous treatment, but the family does not know how to provide evidence; or they are involved in new types of cases such as cybercrime and economic crime, and misjudge the threshold for criminal prosecution. The case-handling organs in Beijing are relatively strict in reviewing bail applications. Whether the application reasons are relevant and the materials are sufficient directly affects the outcome. There are also cases where families submit multiple applications but are repeatedly rejected, often because the application content is vague and fails to demonstrate the statutory conditions item by item.

II. Key points of contention

First, whether the perpetrator meets the threshold for criminal responsibility, and how to calculate standards such as quantity and amount. Second, whether the circumstances are significantly minor and the harm is not great. Third, whether there is a social danger, and how to exclude it item by item. Fourth, whether circumstances such as voluntary surrender, confession, and plea bargaining apply. Fifth, whether having a disease constitutes a circumstance in which bail may be granted, and what kind of proof is needed. Sixth, how to choose a guarantor and a guarantee deposit, and whether they can be summoned at any time. These issues form the framework of the application's argumentation.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers believe that the format of the bail application should be based on the "threshold + riskiness" principle. Firstly, the threshold of criminalization. For some crimes, the quantity or amount of the items involved is the core standard of criminalization, such as the crime of non-profit dissemination of obscene materials. The judicial interpretation mainly takes the number of video files as the basis. Those who fail to meet the standard should not be considered as criminals, and the number of views or downloads cannot replace the quantity threshold. In a case of dissemination of obscene materials handled by Henglue Lawyers, the defendant C was criminally detained for reposting three obscene videos on a forum, with a total of about 5,000 views and 1,000 downloads, and without profiting from it. The lawyer argued from two aspects: firstly, the number of videos far exceeded the statutory threshold of criminalization and should not be considered as a crime according to the law; secondly, the defendant appeared in court after being summoned and made a truthful statement, constituting a voluntary surrender, voluntary admission of guilt, and a first-time offender without accomplices. There was no risk of committing new crimes, colluding with accomplices, or fleeing. All these factors ruled out the social danger. Subsequently, the case-handling organ made a decision on bail pending trial, and the defendant regained his freedom. Secondly, the riskiness argument. The application should not be a plea for mercy throughout, but should compare with the statutory circumstances one by one and actively propose the way of guarantee and the commitment to appear in court upon summons. Thirdly, supporting materials. Medical records, diagnosis certificates, proof of work and residence, compensation receipts, letters of understanding, etc. are all necessary attachments to support the argument. This case was handled by Beijing Henglue Law Firm. 恒略律师认为，取保候审申请书的撰写应以“门槛+危险性”为双轴。一是入罪门槛。部分罪名以数量、金额为核心入罪标准，如传播淫秽物品罪，司法解释以视频文件数量为主要依据，不达标者不应认定为犯罪，更不能以浏览量、下载量替代数量门槛。恒略律师办理的一起传播淫秽物品案件中，当事人C某因在论坛转载三个淫秽视频被刑事拘留，累计浏览约5000次、下载约1000次且未牟利。承办律师从两个维度论证：一是视频数量远未达法定入罪门槛，依法不应认定为犯罪；二是当事人经传唤到案并如实供述构成自首，自愿认罪认罚，系初犯、无同案犯，不存在实施新犯罪、串供与逃跑风险，逐项排除社会危险性。后办案机关作出取保候审决定，当事人重获自由。二是危险性论证。申请书应避免通篇求情，而要对照法定情形逐条说明，并主动提出保证方式与随传随到承诺。三是材料配套。病历、诊断证明、工作与居住证明、退赔凭证、谅解书等，都是支撑论证的必要附件。本案由北京恒略律师事务所代理。Shang JiangpengThe attorney (practice certificate number: 111012023105807, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, as soon as possible, entrust a lawyer to meet with the suspect to verify the number and amount of the cases involved and the process of the suspect's appearance in court; Second, prepare medical records, proof of employment and residence, and materials related to restitution and reconciliation; Third, clarify the guarantor or bail scheme; Fourth, after the application is rejected, the suspect can submit the application again based on the new circumstances or put forward opinions during the review of the arrest. For related services, please refer to the following link for more information:Criminal defense and criminal case filingAndSpecial servicesColumn. Legal basis: The Criminal Procedure Law of the People's Republic of China (amended in 2018, implemented on October 26, 2018) regarding the conditions for bail pending trial, the provisions on meeting with lawyers and pleading guilty and accepting punishment, and the Criminal Law of the People's Republic of China (amended in 2023, implemented on March 1, 2024) regarding the provisions on voluntary surrender and meritorious service. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, it's crucial to file a bail application in a timely manner, as the investigation stage is the key period for seeking a change in coercive measures. Secondly, the application reasons must be based on statutory conditions, as making general pleas for leniency is unlikely to be effective. Thirdly, the determination of the threshold for criminal charges requires professional analysis, especially for charges involving quantitative standards. Fourthly, successful bail application does not mean the case is over, and subsequent proceedings must still be conducted in accordance with the law. For more information on bail application and defense services, please contact us viaCriminal defense and criminal case filingAndSpecial servicesFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: What are the requirements for being granted bail pending trial?

According to the Criminal Procedure Law, those who may be sentenced to control, detention, or have additional punishments applied independently; those who may be sentenced to fixed-term imprisonment or above but are not likely to pose a danger to society if granted bail; and those who suffer from serious diseases, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, etc., may be granted bail pending trial. Whether to approve the bail shall be decided by the case-handling organ based on the overall circumstances of the case.

Q2: Is it possible to write the application letter by myself?

It can be submitted, but the effect is usually limited. Applications written by family members tend to focus on difficulties and pleas for mercy, making it difficult to demonstrate each legal condition, such as the threshold for criminalization and social dangerousness, and are also prone to omitting key materials. If a lawyer gets involved and writes the application, they can form targeted opinions based on the case facts and evidence, resulting in a higher success rate.

Q3: If my bail application is rejected, can I apply again?

Yes. After the case enters the review and arrest stage, you can submit a legal opinion to the procuratorial organ stating that the arrest should not be approved; after the arrest is approved, you can still apply for a review of the necessity of detention. If new mitigating circumstances arise, such as compensation for losses, reconciliation, or changes in health conditions, you should promptly supplement the materials and submit the application again, and continue to communicate with the authorities to strive for a change in the coercive measures.

Q4: How to choose a deposit and a guarantor?

The two options can be chosen at will. The guarantor must have no involvement in the case, be capable of fulfilling the obligation of guarantee, enjoy political rights and personal freedom, have a fixed residence and income; the amount of the deposit shall be determined by the case-handling organ according to the circumstances of the case. When choosing, the guarantor's financial situation and residence in Beijing can be taken into account to ensure that he/she can fulfill the obligation of attending court promptly when summoned.

Q5: Will I be detained again after being released on bail?

Possibly. If the defendant violates the bail conditions, such as leaving the city or county where he lives without approval, interfering with witnesses' testimony, or destroying evidence, the case-handling organ may change the coercive measures and detain the defendant again in accordance with the law. Therefore, during the bail period, the defendant should strictly abide by the rules, appear in court on time, report changes in his address and contact information truthfully, and cooperate with the case handling.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.