[Direct answer]It will continue. Bail pending trial simply changes the detention measure to a non-detention one, which doesn't mean the case is over. According to the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), bail pending trial is implemented by the public security organ, and the person under bail pending trial shall comply with the obligations of not leaving the city or county where he resides without approval, appearing when summoned, and not interfering with the witnesses' testimony; if he violates these obligations, his bail may be confiscated or the measure may be changed to residential surveillance or arrest. The case will still continue to be investigated, transferred for examination and prosecution, and enter the trial process. Possible outcomes include the case being dismissed, not being prosecuted, being fined or given a suspended sentence, or being sentenced to actual imprisonment. Therefore, after being granted bail, one should still actively cooperate with the defense work to strive for a favorable outcome.

I. Problem background and typical scenarios

After being granted bail, the parties often mistakenly believe that the case has been concluded, become complacent, and even violate the rules by going out, only to be re-detained. Typical scenarios include: leaving the residence without authorization after being granted bail, going missing or failing to appear in court on time; assuming that being granted bail means the case is over and ignoring subsequent investigations and review of prosecution; refusing to cooperate with requests for supplementary investigations; and lacking preparation for possible non-prosecution conditions. These misunderstandings may lead to changes in coercive measures and affect the final outcome of the case.

II. Key points of contention

First, the legal nature and duration of bail pending trial. Second, the obligations of those under bail pending trial and the consequences of violating them. Third, the process and timeline of the subsequent stages of the case. Fourth, possible legal outcomes, including the conditions for dismissing the case, non-prosecution, and sentencing. Fifth, the impact of pleading guilty and accepting the punishment and returning the illicit gains on the outcome. Sixth, the role of the bail deposit and the guarantor, and the return of the deposit. Seventh, the continuation and focus of defense work after bail is granted.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once handled a case involving the crime of disseminating obscene materials: the client was criminally detained for reposting and publishing three obscene videos on a forum, with a total viewing count of about 5,000 times and a download count of about 1,000 times. The client did not seek any profit, was a first-time offender, and truthfully confessed and voluntarily pleaded guilty upon being summoned to appear in court. Our lawyers immediately went to the detention center to meet with the client, verify the number of posts, their content, and motives, and then submitted legal opinions on bail pending trial from two perspectives: First, non-profit dissemination of obscene video files requires reaching the threshold set by judicial interpretations to be convicted and punished. In this case, the number of videos was far from reaching the threshold, so it should not be considered a crime according to the law, and even if it were, the circumstances were significantly minor. Second, by comparing each item with the criteria for social dangerousness, it was shown that the client was unlikely to commit new crimes, posed no real danger, and had no risk of colluding with others or fleeing. Therefore, there was no necessity to continue detaining him, and this was in line with the criminal justice policy of minimizing arrests, prosecutions, and detentions. The case handling authority ultimately decided to grant the client bail pending trial. This case clearly shows that bail pending trial is just a temporary achievement, not the final goal: after bail is granted, the case will still enter the review and prosecution and trial procedures. Lawyers need to continue putting forward opinions based on the thresholds for criminalization, the minor circumstances of the case, and the client's plea of guilty and acceptance of punishment, in order to strive for non-prosecution or lenient treatment. The client should strictly comply with the obligations of bail, maintain communication channels, appear when summoned, and not interfere with witnesses or destroy or falsify evidence. Only by doing a good job in the follow-up stages can the temporary achievements of bail be transformed into favorable final results. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起传播淫秽物品罪案件：当事人因在论坛转载发布三个淫秽视频被刑事拘留，累计浏览量约5000次、下载量约1000次，未牟利，系初犯，经传唤到案即如实供述并自愿认罪认罚。本所律师第一时间前往看守所会见，核实发帖数量、内容、动机与到案经过，随后从两个维度提交取保候审法律意见书：其一，非牟利传播淫秽视频文件需达到司法解释规定的数量门槛才定罪处罚，本案数量远未达到，依法不应认定为犯罪，即便认定亦属情节显著轻微；其二，逐项对照社会危险性的判断标准，说明其不可能实施新的犯罪、无现实危险、无串供与逃跑风险，继续羁押必要性不足，并结合少捕慎诉慎押的刑事司法政策。办案机关最终决定对其取保候审。本案清晰说明，取保候审只是阶段性成果，而非终点：取保之后，案件仍将进入审查起诉与审判程序，律师需要继续围绕入罪门槛、情节轻微与认罪认罚等情节提出意见，争取不起诉或从宽处理；当事人则应严格遵守取保义务，保持通信畅通、随传随到，不得干扰证人、不得毁灭伪造证据。只有把后续阶段的工作做扎实，取保的阶段性成果才能转化为有利的最终结果。本案由北京恒略律师事务所代理。Shang Jiang PengThe 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 list: First, strictly abide by the obligations of bail, maintain unobstructed communication and be available for questioning at any time; Second, cooperate with lawyers to continue the defense work and prepare materials for non-prosecution or lenient punishment; Third, actively return the illicit proceeds and compensation, strive for understanding and fix evidence; Fourth, attend interrogations, hearings and trials on time and shall not evade them; Fifth, after the expiration of the bail period or the conclusion of the case, apply for the return of the deposit in accordance with the law. Legal basis: The "Criminal Procedure Law of the People's Republic of China" (amended and implemented on October 26, 2018) regarding bail pending trial, supervised residence, review and prosecution, and non-prosecution. For matters involving criminal defense and bail, you may refer to the relevant provisions.Criminal defense and criminal case filingFor matters involving personal rights and interests, you may refer to the following for reference.Personal injury and medical disputes; For cases involving company employees, you can refer to the following for reference.Intellectual property protection and corporate lawThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, bail does not mean the case is closed, and the case will still proceed. Secondly, violating the bail obligations may lead to re-detention. Thirdly, the subsequent stage is a crucial window to strive for non-prosecution and leniency. Fourthly, returning the illegal proceeds and making compensation, as well as reaching a settlement with the victim, can help secure a favorable outcome. Fifthly, it is important to maintain communication with lawyers and respond promptly to interrogations and procedural deadlines. For matters involving criminal defense and bail, you can consult with a lawyer through the following channels:Criminal defense and criminal case filingWe provide a comprehensive solution for services, which can be integrated with corporate compliance.Business and contract disputes in enterprisesFor cases involving appeals and retrials, you can refer to the following materials for reference.Special services and other cases.

VI. Frequently Asked Questions

Q1: Will I still be sentenced to prison after being granted bail pending trial?

It's possible. Bail pending trial only changes the coercive measures and does not determine the outcome of the case. If the evidence is sufficient and the defendant is found guilty, they may still be sentenced to fines, probation, or even imprisonment; if the facts are unclear, the circumstances are minor, or the evidence is insufficient, the case may be dismissed or not prosecuted. The final outcome depends on the facts of the case, the evidence, and the application of the law, and needs to be evaluated based on the specific circumstances of the case.

Q2: What obligations must be fulfilled during the bail period?

These obligations mainly include the following: they are not allowed to leave the city or county where they live without the approval of the executive organ; they should report any changes in their address, work unit, and contact information in a timely manner; they must appear in court when summoned; they are not allowed to interfere with witnesses' testimony in any form; and they are not allowed to destroy or falsify evidence or collude with others to provide false testimony. Violating the above obligations may result in the forfeiture of the bail or the modification of the coercive measures.

Q3: What is the maximum length of bail pending trial?

The maximum duration of bail pending trial shall not exceed twelve months. When the time limit expires or the case is concluded or the compulsory measures are lifted, the parties concerned shall apply for the return of the deposit in a timely manner. If the time limit expires and the case is still not concluded, the case-handling organ shall change or lift the compulsory measures in accordance with the law, and the parties concerned and their attorneys may raise claims based on this to safeguard their legitimate rights and interests.

Q4: When can the deposit be refunded?

After the end of bail pending trial and if the person under bail has not violated their obligations, they can go to the bank to withdraw the refunded bail deposit with the notice of release from bail pending trial or relevant legal documents. If the bail deposit is confiscated due to a violation of obligations, it will not be refunded. It is recommended to keep the relevant legal documents properly and handle them in a timely manner to avoid delays due to incomplete procedures.

Q5: Can I go out or work after being granted bail?

Under the condition of fulfilling their obligations, it is usually allowed. However, leaving the city or county where they live requires the approval of the executing authority. Their work and living arrangements must not affect their ability to appear in court promptly when summoned, nor must they contact witnesses or interfere with evidence. Whether they are allowed to travel on business or change jobs, they should report to and obtain approval from the executing authority in advance to avoid being deemed to have violated their obligations by acting without authorization.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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 open 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. In case of disputes, please consult a practicing lawyer in time.