[Direct answer]In the Beijing area, defendants are usually transferred to bail pending trial or placed under residential surveillance. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018), if the people's procuratorate does not approve the arrest, the public security organ shall immediately release the defendant upon receipt of the notice or change the coercive measures in accordance with the law; if it is necessary to continue the investigation and the defendant meets the conditions for bail pending trial or residential surveillance, the corresponding measures may be taken. Therefore, the non-approval of the arrest does not mean the end of the case, but the change of the coercive measures from detention to non-detention. The conditions for bail pending trial mainly include the possibility of being sentenced to control, detention, or independently applying additional punishment, the possibility of being sentenced to fixed-term imprisonment or above but taking bail will not cause social danger, being suffering from serious diseases and unable to take care of themselves, being pregnant or breastfeeding their own babies, and the case not being completed after the expiration of the detention period. Whether to grant bail shall be decided by the case-handling organ in accordance with the law, and the defendant shall abide by the relevant obligations. Lawyers can assist in applying for and preparing guarantors or bail money.

1. Problem background and typical scenarios

Families often mistakenly believe that not being approved for arrest means the case is over, but this is not the case. There are three typical scenarios: first, the suspect is released on bail and placed under residential surveillance after not being approved for arrest; second, the case requires the suspect to be transferred to residential surveillance; third, even if the suspect is not approved for arrest, the investigation of the case will continue, and the suspect may still be prosecuted in the future. Families and the suspects themselves often lack understanding of the subsequent procedures and obligations.

II. Key points of contention

Firstly, the relationship between not approving arrest and release, and changing coercive measures. Secondly, the statutory conditions and decision-making subjects of bail pending trial. Thirdly, the application circumstances and restrictions of residential surveillance. Fourthly, the obligations that the person under bail should abide by and the consequences of violating them. Fifthly, the future development of the case after not approving arrest, and whether it will be transferred for prosecution. These issues determine whether the parties can maintain a good procedural status.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has summarized three experiences in criminal defense. First, the handling after non-approval of arrest: According to the Criminal Procedure Law, if the procuratorate does not approve the arrest, the public security organ shall immediately release the suspect upon receipt of the notice. For those who need further investigation and meet the conditions, bail pending trial or residential surveillance may be granted; in practice, most cases are converted to bail pending trial, which is decided by the case-handling organ. Second, the conditions and application for bail: Lawyers may apply based on factors such as the possibility of a light sentence, no social danger, serious illness, pregnancy or lactation, or expiration of the detention period, and prepare guarantors or bail funds; those with fixed residences, stable jobs, family constraints, and social support are more likely to pass the review. Third, the obligations of the person granted bail: They shall abide by the rules that they are not allowed to leave the city or county where they reside without approval, report any changes in their address, workplace, and contact information in a timely manner, appear in court promptly when summoned, and not interfere with witnesses' testimony, destroy or falsify evidence, or collude with others. Violation of these rules may result in the confiscation of the bail, an order to make a statement of repentance, or even the change of coercive measures to re-detention. Fourth, the case progress: After non-approval of arrest, the case may still continue to be investigated and transferred for review and prosecution when sufficient evidence is available; the client and lawyer should keep following up to strive for a non-prosecution or more favorable outcome. Fifth, continuous defense: Meetings and communication during the bail period, evidence collection, and the submission of legal opinions remain important work that affects the outcome of the case. This case is handled by Beijing Henglue Law Firm. 恒略律师在刑事辩护中总结了三点经验。其一，不批捕后的处理：根据刑事诉讼法，检察院不批准逮捕的，公安机关应当在接到通知后立即释放，对需要继续侦查且符合条件的，可以取保候审或监视居住；实践中多数案件转为取保候审，由办案机关决定。其二，取保条件与申请：律师可围绕可能判处的刑罚较轻、无社会危险性、患有严重疾病、系怀孕或哺乳期妇女、羁押期限届满等情形提出申请，并准备担保人或担保金；有固定住所、稳定工作、家庭约束与社会关系支持的，更有利于通过审查。其三，被取保人的义务：应当遵守未经批准不得离开所居住的市、县，住址、工作单位与联系方式变动及时报告，传讯及时到案，不得干扰证人作证、不得毁灭伪造证据或串供等义务；违反规定可能被没收保证金、责令具结悔过，甚至变更强制措施重新羁押。其四，案件走向：不批捕后案件仍可能继续侦查，并在证据充分时移送审查起诉；当事人与律师应持续跟进，争取不起诉或更有利的处理结果。其五，持续辩护：取保期间的会见沟通、证据收集与法律意见提交，仍是影响案件走向的重要工作。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: Firstly, assist in handling the bail procedures in a timely manner after the refusal of the arrest and clarify the obligations; Secondly, prepare the corresponding materials of the guarantor or the bail; Thirdly, strictly abide by the obligations of bail, appear in court on time and report truthfully; Fourthly, keep track of the case and cooperate with the lawyer to strive for non-prosecution or a light sentence. For the overall criminal defense, you can refer to it for reference.Criminal defense and criminal case filing; For matters involving coercive measures and procedural rights, you may refer to the following documents for reference.Special servicesFor cases involving company personnel, you can refer to the following for reference.Business and contract disputes in enterprisesLegal basis: Articles 67, 74, 91, and 95 of the Criminal Procedure Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, not approving the arrest does not mean the case is over. The case will usually continue to be investigated. Secondly, there are clear conditions for bail pending trial, and the key point is to organize materials proving that there is no social danger. Thirdly, during the bail period, one must strictly abide by the obligations, and violators may be detained again. Fourthly, we should continuously follow up and defend the case to strive for a more favorable outcome. For those who need a comprehensive criminal defense plan, they can contact us through the following channels:Criminal defense and criminal case filingThe service is supported. For more information, please visitThe official website of Beijing Henglue Law FirmI understand.

VI. Frequently Asked Questions

Q1: If the person is not arrested, does it necessarily mean that they will be granted bail?

It's not necessarily the case, but most will be changed to non-custodial measures. If the procuratorate does not approve the arrest, the public security organ shall immediately release the suspect or change the coercive measures in accordance with the law; for cases that need further investigation and meet the conditions, bail pending trial or residential surveillance may be applied. In a small number of cases, the measure may be changed to residential surveillance, which shall be decided by the case-handling organ in accordance with the law.

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

It mainly includes cases where the defendant may be sentenced to control, detention, or independently apply additional penalties; cases where the defendant may be sentenced to fixed-term imprisonment or above, but the application for bail will not pose a danger to society; cases where the defendant suffers from serious diseases and is unable to take care of himself/herself; cases involving women who are pregnant or breastfeeding their own babies; and cases where the detention period has expired but the case has not been concluded yet. Those who meet the conditions will be reviewed and decided by the case-handling organ.

Q3: What should I pay attention to during the bail period?

You should abide by the obligations of not leaving the city or county where you live without authorization, reporting any changes in your address, workplace, and contact information in a timely manner, appearing in court promptly when summoned, not interfering with witnesses giving evidence, not destroying or forging evidence, or colluding with others to fabricate evidence. Violating these obligations may result in the confiscation of your bail, an order to make a written statement of repentance, or even the modification of the compulsory measures and re-detention.

Q4: Will I still be prosecuted if I'm not arrested after the review of the arrest warrant application?

There's still a possibility. The decision not to approve the arrest simply means that the conditions for arrest are not met at the moment. The case will usually continue to be investigated and transferred for review and prosecution when sufficient evidence is available. Whether to prosecute and under what charges will depend on the results of the investigation and the evidence. The parties involved and their lawyers should continue to follow up to strive for a non-prosecution or a more favorable outcome.

Q5: Which is better, residential surveillance or bail pending trial?

The compulsory nature of bail pending trial is weaker, and the parties concerned can live and work normally as long as they comply with their obligations; the restrictions on residential surveillance are more stringent, and it is usually applicable to cases where the parties meet the conditions for bail but cannot provide a guarantor or a surety deposit, etc. The specific application shall be decided by the case-handling organ in accordance with the law. Both of them need to strictly comply with the corresponding obligations.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions 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 materials, 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 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.