[Direct answer]In the Beijing area, the consequences are usually more severe, which will directly lead to the revocation of bail pending trial and re-detention. According to the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on bail pending trial, the person under bail pending trial shall abide by the obligations of not destroying or forging evidence or colluding with others to give false testimony, not interfering with witnesses' testimony, and not leaving the city or county where he lives without approval; if he violates the regulations or commits a new crime, the bail paid may be confiscated, and he may be ordered to make a written promise of repentance, pay the bail again, or provide a guarantor, or be placed under residential surveillance or arrested. If a new crime is committed during the period of bail pending trial, it will usually be deemed to have social dangerousness, and the case-handling organ may lawfully change the compulsory measures to arrest him and deal with the previous crime and the new crime together, imposing cumulative punishment; the lenient considerations already made may also be lost. In addition, if the new crime is discovered during the bail period, it may also lead to the discovery of aggravating circumstances in the previous case.

1. Problem background and typical scenarios

Bail pending trial is a conditional non-custodial coercive measure. Some defendants underestimate its binding force. Typical scenarios include: committing similar or different crimes during the bail period; leaving the city or county where they live without authorization; interfering with witnesses, colluding with others to fabricate evidence, or destroying evidence; failing to report changes in address, workplace, or contact information in a timely manner; and having a new crime investigated during the bail period. In the Beijing area, once any of the above situations occur, the case-handling authorities will usually promptly initiate a review to reassess the necessity of custody.

II. Key points of dispute

First, the legal obligations of bail pending trial and the consequences of violating them. Second, the differences in application between committing new crimes and violating obligations. Third, whether arrest is inevitable and the criteria for judging social danger. Fourth, how to deal with the previous crime and the new crime together, and the rules of punishing multiple crimes. Fifth, the responsibility of the guarantor for the bail deposited. Sixth, the scope of intervention of defense lawyers in the stage of changing coercive measures.

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 a video on a forum. After the lawyer intervened, it was verified that the client did not seek any profit, the quantity of the materials was far below the threshold for criminal prosecution, and the client was a first-time offender who voluntarily surrendered and confessed his guilt. Therefore, the lawyer submitted a legal opinion on bail pending trial, fully demonstrating the client's lack of social danger from two perspectives: the threshold for criminal prosecution and the absence of social danger. The case handling authority accepted the opinion and made a decision to grant the client bail pending trial. This case directly shows that the application of bail pending trial is based on the absence of social danger, and it also highlights the importance of complying with obligations during the bail period. Once the client commits a new crime or violates regulations during this period, the previously favorable evaluation of social danger will no longer exist, and the compulsory measures may be changed. This case was handled by Beijing Henglue Law Firm.Shang JiangpengThe attorney (practice certificate number: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action list: First, strictly comply with legal obligations during the bail period and not leave the city or county where you live without approval; Second, report changes in address, work unit, and contact information in a timely manner; Third, do not contact witnesses, collude with others to fabricate evidence, or destroy or forge evidence; Fourth, attend interrogations and reviews on time and maintain a state where you can be contacted at any time; Fifth, if you are involved in new crimes, hire a lawyer as soon as possible to assess the risk of changing the coercive measures; Sixth, actively make restitution, seek understanding, and strive to repair the evaluation of social dangerousness. For matters involving criminal defense and coercive measures, you can refer to the relevant provisions.Criminal defense; For reference, you can check the information related to property investigation and enforcementCreditor's rights and debts, and enforcementLegal basis: The provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on bail pending trial obligations, bail and changes in coercive measures, and the provisions of the Criminal Law of the People's Republic of China (amended in 2023) on the concurrent imposition of multiple penalties. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, bail pending trial represents trust rather than freedom, and the obligations must be strictly observed. Secondly, if a crime is committed during the bail period, there is a high likelihood that the bail will be revoked and the offender will be arrested. Thirdly, previous crimes and new crimes are usually dealt with separately and punished cumulatively, and mitigating circumstances may also be lost. Fourthly, do not leave your residence without authorization or interfere with witnesses, as the risks far outweigh the convenience. If you are currently facing similar problems, you can seek assistance throughCriminal defenseYou can combine the services into an overall solution that covers all property-related matters.Creditor's rights and debts, and enforcementFor plates involving enterprises in legal cases, you can refer to the relevant information for reference.Business and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: What will happen if someone commits a crime again during the period of bail pending trial?

Usually, the bail pending trial will be revoked and the person will be arrested and detained again. The new crime and the previous crime will be dealt with separately, and multiple crimes will be punished together. The original lenient considerations may no longer apply.

Q2: What if I violate the rules during the bail period but don't commit any crime?

The same may also be dealt with. Those who have paid the bail may have their bail confiscated, and depending on the circumstances, they may be ordered to make a statement of repentance, pay the bail again, provide a guarantor, or be subject to residential surveillance or arrested.

Q3: Can the request for bail pending trial be approved if the applicant needs to travel to another city?

It shall be subject to the approval of the executive organ. Without approval, one shall not leave the city or county where he/she resides. If there are legitimate reasons, one shall submit a written application in advance and obtain approval before making the journey.

Q4: Will the deposit be refunded?

If the person does not violate the regulations during the bail period, the bail security deposit shall be refunded when the bail is lifted; if the person violates the regulations, part or all of the bail security deposit may be confiscated, and other measures may be taken as appropriate according to the circumstances.

Q5: If a person commits a crime again during the bail period, can they still be granted bail again?

It's extremely difficult. Reoffending is usually considered socially dangerous and will generally result in arrest, but the case still needs to be evaluated based on the nature of the new crime, the circumstances, and the evidence. It's advisable to consult a lawyer as soon as possible to assess the situation.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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·Attorney Shang Jiangpeng·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 the event of a dispute, please consult a practicing lawyer in a timely manner.