[Direct answer]In the Beijing area, it is necessary to exclude all statutory circumstances one by one and provide evidence. According to Article 81 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the main social dangerousness includes: the possibility of committing new crimes; the actual danger of endangering national security, public safety or social order; the possibility of destroying or forging evidence, interfering with witnesses' testimony or colluding with accomplices; the possibility of retaliating against victims, informants or accusers; and the attempt to commit suicide or escape. Article 67 stipulates the applicable conditions for bail pending trial. To prove the absence of social dangerousness, one can submit materials from the perspectives of fixed residence and stable work, family constraints, no criminal record, truthful confession, plea of guilty and acceptance of punishment, active compensation and obtaining forgiveness, continuous treatment of diseases, being an accomplice or playing a minor role, and non-violent crimes, etc., to form a complete chain of evidence and respond to the concerns of the case-handling authorities one by one.

1. Problem background and typical scenarios

After a family member is detained in criminal custody, the most pressing issue is whether they can be granted bail pending trial. The authorities are most concerned about the risk of collusion, escape, or reoffending after release. Therefore, defense work cannot simply focus on "a good attitude towards admitting guilt", but must use evidence to demonstrate that "there is no further risk of danger". When handling such cases in Beijing, the authorities will make a judgment based on the nature of the case, the amount involved, the role of the parties involved, the circumstances of their appearance in court, and their personal circumstances.

II. Key points of contention

First, what are the statutory circumstances of social dangerousness, and how to exclude them one by one. Second, how to evaluate the role of the parties involved and their subjective malice. Third, the impact of compensation, reconciliation, and plea bargaining on bail. Fourth, how to implement fixed residences and bail methods. Fifth, whether special circumstances such as health and age can support bail.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case involving the crime of disseminating obscene materials. In May 2026, C * was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau for reposting and disseminating three obscene video files on a forum. The three posts had a total of about 5,000 views and 1,000 downloads, but he did not obtain any economic benefits from them, and his motive was simply to earn forum points. After appearing in court, he voluntarily admitted his guilt and pleaded guilty, and he acted alone without accomplices. His family entrusted Attorney Shang Jiangpeng of our firm to intervene during the golden period. The focus of the dispute was whether the number of non-profit disseminations of obscene videos reached the statutory criminal threshold, and whether continued detention was necessary. The lawyer argued from two perspectives: First, according to the judicial interpretation, only when the number of non-profit disseminations of obscene video files exceeds 40 can the perpetrator be convicted and punished. In this case, there were only three, far below the quantitative threshold, and he should not be considered a criminal offender according to law. Even if he were convicted, the circumstances would be significantly minor. Second, by comparing each item with the social dangerousness circumstances, it was shown that the perpetrator was unlikely to commit new crimes, posed no real danger, had no possibility of collusion, and no risk of escape. Combined with the circumstances of voluntary surrender and pleading guilty and accepting punishment, there was insufficient necessity for continued detention. The lawyer submitted a legal opinion on bail to the case-handling organ and conducted professional communication. On June 24, 2026, the Haidian Branch decided to release C * on bail, and the perpetrator regained his freedom. This case shows that the key to bail is to explain the "lack of social dangerousness" in detail with legal provisions and evidence. The case is handled by Beijing Henglue Law Firm.Shang JiangpengAttorney (Practice Certificate No.: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action list: First, as soon as possible, entrust a lawyer to meet with the client and verify the facts of the case and the evidence in the case; Second, sort out the materials that can prove the lack of danger, such as real estate and rental contracts, labor contracts and income statements, family members and guarantors' information; Third, actively make restitution and repayment, strive for the victim's understanding and sign a plea of guilty and acceptance of punishment; Fourth, submit medical records and diagnosis certificates regarding the client's illness and treatment needs; Fifth, have a lawyer draft and submit an application for bail pending trial or a legal opinion on refusing to approve the arrest, responding to the social dangerousness item by item. For cases involving criminal defense and bail, you can refer to the following materials:Criminal defense and criminal case filingAndSpecial servicesLegal basis: Article 67 and Article 81 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) and the relevant provisions on bail pending trial. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the core of bail is to eliminate social danger, and the evidence must correspond to the statutory circumstances item by item. Secondly, the golden period is from detention to approval of arrest. The earlier the intervention is, the more proactive it will be. Thirdly, restitution, understanding and plea bargaining can significantly reduce the evaluation of danger. Fourthly, the guarantor and the bail must be in place and ready to appear in court at any time. For criminal defense cases, you can consult with a lawyer through the following channels:Criminal defense and criminal case filingWe provide a comprehensive solution for services, which involves the integration of corporate personnel involved in legal cases and compliance issuesBusiness and contract disputes in enterprisesFor reference, please refer to the sections involving personal injury and evidence of injuriesPersonal injury and medical disputesFor matters related to property disposal and enforcement, you can seek advice from us.Creditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: How to prove that there is no social danger?

Using the method of excluding statutory circumstances one by one and providing evidence: proving that there is no possibility of reoffending and no real danger, no conditions of destroying evidence or colluding with accomplices, no motive to retaliate against the victim, and no risk of suicide or escape. You can submit proof of fixed residence and stable employment, family restraint and guarantee materials, no criminal record certificate, plea of guilty and compensation understanding materials, medical records, etc., to form a complete chain of evidence.

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 following persons may be granted bail pending trial: those who may be sentenced to control, detention, or an additional punishment applied independently; those who may be sentenced to fixed-term imprisonment or a heavier punishment, and whose release on bail will not pose a danger to society; women who suffer from serious diseases, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and whose release on bail will not pose a danger to society; and those whose custody period has expired but the case has not been concluded yet, who may be granted bail pending trial.

Q3: Are compensation and reconciliation useful for obtaining bail?

It's useful. Actively making restitution and obtaining the victim's forgiveness can significantly reduce the social harm and the possibility of reoffending, which are important considerations for bail and refusal to approve arrest. It is recommended to complete the restitution under the guidance of a lawyer and keep the receipts, and at the same time, promote the understanding, so as to avoid affecting the case handling due to improper operation.

Q4: Can pleading guilty and accepting the punishment help secure bail?

It's usually helpful. Voluntary confession and plea bargaining demonstrate a repentant attitude and willingness to cooperate, reduce the concerns of collusion and escape, and are also conducive to obtaining lenient treatment. However, confession and plea bargaining must be made on the premise of clear facts and voluntary truthfulness. It is recommended to make a decision after a lawyer's meeting and legal analysis to avoid harming one's own rights by confessing blindly.

Q5: When is the best time to apply for bail?

The earlier, the better, especially during the period from detention to the procuratorate's review and approval of the arrest. At this stage, the evidence has not yet been fixed, and the case-handling organ is evaluating whether to arrest the suspect. If a lawyer meets with the suspect in time and submits bail opinions, it often has a greater impact on the outcome. Applying for bail after the arrest is approved is usually more difficult and costly, but it is still possible to apply for a review of the necessity of detention.

The above Q&A is mainly based on judicial practices in the Beijing area. 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Criminal defense legal services·Attorney Shang Jiangpeng·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.