[Direct answer]It can be attempted. Whether to grant bail pending trial depends on whether the defendant may be sentenced to control, detention, or an additional punishment applied independently, or may be sentenced to fixed-term imprisonment or a heavier punishment but the bail will not pose a danger to society. The defendant may have serious illnesses or be unable to take care of himself, be pregnant or breastfeeding, or the detention period has expired but the case has not been concluded. According to Article 67 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the defendant may be granted bail pending trial if he meets the above-mentioned circumstances; Article 81 clearly stipulates that arrest must meet the requirements of evidence, punishment, and social danger at the same time. Therefore, for fraud cases involving first-time offenders or repeat offenders, where the defendant has made restitution and obtained the victim's forgiveness, pleaded guilty and accepted the punishment, and poses no social danger, there is a greater chance of obtaining bail, especially at the review and approval stage of arrest. It is recommended to engage a lawyer as soon as possible for a meeting and to submit written opinions.

I. Problem Background and Typical Scenarios

Fraud-related cases are commonly seen in online transactions, investment and finance, and business dealings. The individuals involved are often detained criminally without any preparation, and what their families care most about is whether they can be granted bail. Typical situations include: the amount involved is not large, and the suspect has made restitution and obtained the victim's forgiveness; the suspect is an ordinary employee or an accomplice who did not participate in the core process; the suspect has young children or elderly parents at home who need care; the suspect has been approved for arrest but subsequently encountered mitigating circumstances. When reviewing and approving the arrest in the Beijing area, the case-handling authorities will make judgments based on the social danger and the necessity of detention.

II. Key points of contention

First, the specific factors for assessing social dangerousness. Second, the impact of restitution and reconciliation on bail. Third, the timing and role of intervention during the review and approval of arrest. Fourth, whether the compulsory measures can be changed through a review of the necessity of detention after approval of arrest. Fifth, the amount of money involved in the case, the division of roles, and the identification of accomplices. Sixth, the obligations after bail and the consequences of violating them.

III. Professional analysis by Henglue Lawyers

In a fraud case handled by Henglue Law Firm, Liu Gang was detained by the public security organ on July 15, 2025, on suspicion of fraud. At that time, there was a child under one year old at home who urgently needed care. After the lawyer intervened, he went to the detention center to meet with Liu Gang several times to verify that he had no criminal record, was a first-time offender, and coordinated with his family to fully refund the illegal proceeds and obtain a written apology from the victim. Subsequently, the lawyer organized arguments around the principles of "admitting guilt and showing remorse, having minor circumstances, and no social danger" and submitted an application for non-arrest to the procuratorial organ from multiple perspectives: admitting guilt and showing remorse and refunding the illegal proceeds and obtaining a written apology from the victim to reduce social harm; making a truthful confession constitutes a frank admission, which can be mitigated according to Article 67 of the Criminal Law of the People's Republic of China; voluntarily admitting guilt and accepting punishment and cooperating with the proceedings; having consistently good behavior and no risk of reoffending; having family members provide guarantees and ensuring prompt appearance when summoned; the child at home is too young and needs humanistic care; fraud is a non-violent crime, and bail will not cause social danger, which is in line with Article 67 of the Criminal Procedure Law of the People's Republic of China. The procuratorial organ legally adopted the defense opinion, decided not to approve the arrest, and changed the compulsory measures to bail pending trial, allowing Liu Gang to return to his family and cooperate with subsequent procedures. This case shows that bail is not just "luck", but the result of organizing arguments around legal requirements and promptly promoting the refund of illegal proceeds and obtaining a written apology. This case is handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, after being detained, hire a lawyer to meet with you as soon as possible to seize the critical window for review and approval of arrest; Second, actively repay the illegal proceeds and strive to obtain a written understanding from the victims; Third, make a truthful confession and voluntarily plead guilty and accept the punishment; Fourth, organize materials showing no social danger, such as fixed residence, stable job, family situation, and guarantee conditions; Fifth, if you have been approved for arrest, you can apply for a review of the necessity of detention to seek a change in the coercive measures. For more information, please refer to the services on this platform.Criminal defense and criminal case filing、Creditor's rights and debts, and enforcement、Business and contract disputes in enterprises、\nFinancial capital and cross-border transactions involving foreign entitiesAndSpecial servicesLegal basis: Article 67, Article 81, and Article 95 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), and Article 67 of the Criminal Law of the People's Republic of China (implemented on October 1, 1997 and amended several times). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the key to bail is to intervene as early as possible in the review and approval of arrest stage. Secondly, restitution and understanding are the most direct and effective mitigating circumstances, and should be promoted as soon as possible. Thirdly, the social danger needs to be demonstrated item by item, and fixed residence, stable work, and guarantee conditions can all add points. Fourthly, after the approval of arrest, it is still possible to strive for a change through the review of the necessity of detention. Fifthly, after bail, one must comply with obligations such as appearing when summoned, and violating these obligations may result in the revocation of bail and re-detention, which in turn will affect subsequent handling.

VI. Frequently Asked Questions

Q1: If someone is detained on suspicion of fraud, is there a high chance of being granted bail?

It depends on the specific circumstances. If the defendant is a first-time or occasional offender, has made restitution and obtained the victim's forgiveness, admitted guilt and pleaded guilty, and does not pose a danger to society or commit violent crimes, there is a greater chance of obtaining bail by submitting a written opinion by the lawyer during the review and approval of the arrest. However, it will be more difficult if the amount involved is huge or there is a risk of the defendant fleeing or colluding with others to provide false testimony.

Q2: How effective is it to offer compensation and reach an agreement in order to secure bail?

The effect is significant. Full refund and obtaining the victim's written forgiveness can significantly reduce the evaluation of social harm, which is an important factor for not approving the arrest and giving lenient treatment. It is recommended to handle the refund procedures and fix the forgiveness materials under the guidance of a lawyer to avoid the effect being affected by procedural flaws.

Q3: What are the requirements for an arrest to be valid?

According to Article 81 of the Criminal Procedure Law of the People's Republic of China, an arrest must meet three conditions simultaneously: there must be evidence to prove that a crime has been committed, the suspect is likely to be sentenced to imprisonment or a more severe punishment, and the use of bail pending trial is not sufficient to prevent the occurrence of social dangerousness. If the condition of social dangerousness is missing, it is generally not appropriate to arrest the suspect.

Q4: Can bail be granted even after the suspect has been approved for arrest by the procuratorial organ?

You can try. According to Article 95 of the Criminal Procedure Law of the People's Republic of China, after a criminal suspect or defendant is arrested, the People's Procuratorate shall still review the necessity of detention. Where it is not necessary to continue detention, it shall recommend release or change the coercive measures. You can strive for this by applying for a review of the necessity of detention.

Q5: What should I pay attention to during the period of bail pending trial?

They should comply with the obligations of being available for questioning at any time, not leaving the city or county where they live without approval, not interfering with witnesses' testimony, and cooperating with the case-handling authorities. Those who violate the rules may have their bail confiscated, be ordered to make a written apology, or even have their compulsory measures changed to re-detention, which will subsequently affect the handling of the case.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudicative 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 Yuan Hang·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. If you encounter disputes, please consult a practicing lawyer in time.