[Direct answer]In the Beijing area, bail pending trial is decided by the public security organ, the people's procuratorate, and the people's court respectively, depending on the stage of the case. According to Article 66 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), the people's court, the people's procuratorate, and the public security organ may, according to the circumstances of the case, summon the criminal suspect or defendant for interrogation, grant bail pending trial, or impose residential surveillance on him/her. In the investigation stage, it is generally decided by the public security organ; in the review of arrest and review of prosecution stages, it is decided by the people's procuratorate. If the procuratorate decides not to approve the arrest, the public security organ usually executes the bail. In the trial stage, it is decided by the people's court. The conditions for granting bail pending trial are set out in Article 67, including those who may be sentenced to control, detention, or apply for additional punishment independently; those who may be sentenced to fixed-term imprisonment but the bail will not cause social danger; and those who are ill and unable to take care of themselves, pregnant or breastfeeding, or whose cases have not been completed after the expiration of the detention period. Whether to approve the bail depends on whether there is social danger and whether there are guarantors and bail money.

1. Problem background and typical scenarios

After a family member is detained in criminal custody, the most pressing concern of the family is "whether bail can be granted and who to approach for this". Typical scenarios include: applying to the public security organ during the investigation stage, but being rejected on the grounds of social dangerousness; hoping that the procuratorate will make a decision not to approve the arrest after the case is submitted for approval of arrest; and still wanting to seek a change through a review of the necessity of detention after the arrest has been approved and detention has begun. In Beijing, judicial organs generally implement a policy of minimizing arrests, prosecutions, and detentions in bail pending trial, but the acceptance bodies and review focuses at each stage are different. Missing key deadlines will significantly increase the difficulty of applying again, so "finding the right person, seizing the right moment, and submitting the right materials" are the keys to success.

II. Key points of dispute

First, which authority decides and executes the bail at different stages. Second, how do the statutory conditions for bail correspond to each item. Third, how to demonstrate and provide evidence that "there is no danger to society". Fourth, how to select a guarantor and determine the amount of the bail. Fifth, the consequences of violating the bail rules (such as going missing or colluding with others). Sixth, whether it is possible to change the coercive measures through a review of the necessity of detention after the approval of the arrest. Only by clarifying these issues can we apply for bail in a targeted manner.

III. Professional analysis by Henglue Lawyers

A case handled by Henglue Law Firm demonstrates the strategic value of applying for bail pending trial: The client was criminally detained by the public security organ for reposting and publishing several obscene videos on a forum. The client's family entrusted a lawyer within the golden period. The lawyer immediately met with the client to verify the number of posts, their content, the client's motives, and the circumstances of his appearance in court, confirming that he was a first-time offender, had voluntarily surrendered and admitted his guilt, and had no profit-making motives. Subsequently, the lawyer submitted a "Legal Opinion on Bail Pending Trial" to the case-handling organ, arguing from four perspectives: First, the number of videos involved far exceeded the threshold for criminal prosecution stipulated in the judicial interpretation, so they were not considered a crime according to the law; Second, the client appeared in court after being summoned and made a truthful statement, meeting the requirements for voluntary surrender, which, combined with his admission of guilt and acceptance of punishment, could lead to a lenient punishment; Third, admitting guilt and accepting punishment during the investigation stage would result in a greater degree of leniency; Fourth, the client met all the criteria for social dangerousness, demonstrating that he had not committed new crimes, colluded with others in giving false testimony, or posed a flight risk, making continued detention unnecessary. The case-handling organ adopted the lawyer's opinion and decided to grant the client bail, allowing him to regain his freedom. This case shows that arguing the conditions point by point and submitting opinions at the appropriate stage are effective methods to increase the success rate of bail applications. The case was handled by Beijing Henglue Law Firm.Shang JiangpengAttorney (Practice Certificate No.: 111012023105807, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action list: First, determine the stage of the case and submit an application to the corresponding public security organ, procuratorate, or court; Second, check the conditions for bail in detail and identify the most favorable one; Third, prepare a guarantor or a deposit to prove that the defendant can be summoned at any time; Fourth, submit a written legal opinion to systematically demonstrate that there is no social danger; Fifth, if the defendant has been arrested, apply for a review of the necessity of detention in a timely manner. Legal basis: Articles 66, 67, 68, and 79 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented from October 26, 2018). For matters related to bail and criminal defense, you can refer to the following documents for reference:Criminal defense and criminal case filingServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, bail pending trial does not mean "bribing someone to release a person", but rather proving that there is no social danger according to the law. Secondly, the accepting authorities vary at different stages, and the application should be submitted to the correct authority. Thirdly, the guarantor and the bail bond are legal methods, and either one or both can be used. Fourthly, after being granted bail, the person must abide by the rules. If they go missing or collude with others to fabricate evidence, they may be detained again. Fifthly, there is still room for review of the necessity of detention after the approval of arrest, so don't give up. Matters involving property and enforcement can be dealt with together.Creditor's rights and debts, and enforcementFor reference, please refer to the section on personal injury and claimsPersonal injury and medical disputesThe column provides consultation services on corporate tax complianceBusiness and contract disputes in enterprisesThe team can assist with other difficult cases as neededSpecial services.

VI. Frequently Asked Questions

Q1: Who decides on bail pending trial?

According to Article 66 of the Criminal Procedure Law of the People's Republic of China, the people's courts, the people's procuratorates, and the public security organs all have the right to decide on bail pending trial based on the circumstances of the case. In the investigation stage, it is generally decided by the public security organs; in the review of arrest and review of prosecution stages, it is decided by the people's procuratorates; in the trial stage, it is decided by the people's courts; and the execution is usually handled by the public security organs.

Q2: What are the conditions for being granted bail pending trial?

According to Article 67 of the Criminal Procedure Law of the People's Republic of China, the main categories include: those who may be sentenced to control, detention, or independently apply additional punishments; those who may be sentenced to fixed-term imprisonment or above but do not pose a social danger if they are granted bail pending trial; women who suffer from serious diseases, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies; and those whose detention period has expired but the case has not been concluded and they need to be granted bail.

Q3: Can family members apply for bail pending trial?

Yes. Criminal suspects, defendants, and their legal representatives or close relatives have the right to apply for bail pending trial; defense lawyers can also apply on their behalf and submit legal opinions. It is recommended to prepare materials for the guarantor or the bail at the same time, and organize evidence and explanations to prove that the suspect poses no social danger.

Q4: Can bail be granted after the approval of the arrest warrant?

It can be attempted. According to Article 79 of the Criminal Procedure Law of the People's Republic of China, after the arrest, the people's procuratorate shall still review the necessity of detention, and where it is not necessary to continue detention, it shall recommend release or change the compulsory measures. The defendant can submit materials such as admitting guilt and repentance, compensation and understanding, health and fixed residence, etc.

Q5: Will I still be sentenced to prison after being granted bail pending trial?

Bail pending trial is just a change in the coercive measures, which does not mean the case is over or that the defendant is innocent. The case will still continue to be investigated, prosecuted, and tried, and whether the defendant will be sentenced ultimately depends on the facts and evidence. During the bail period, the defendant must strictly abide by the rules and not lose contact with the authorities, collude with other defendants, or interfere with the witnesses' testimony, otherwise, the defendant may be detained again.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglue 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. If you encounter disputes, please consult a practicing lawyer in time.