[Direct answer]In the Beijing area, the review of the necessity of detention is the responsibility of the People's Procuratorate. According to Article 95 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the People's Procuratorate shall review whether there is a necessity for arresting the detained criminal suspects and may request the public security organ to grant bail pending trial during the review period; Article 96 stipulates that the criminal suspects, defendants, their legal representatives, close relatives or attorneys have the right to apply for a change of coercive measures. After receiving the application, the People's Procuratorate shall make a decision in a timely manner. The detainees, their close relatives or attorneys can all submit applications. In practice, the most effective approach is to entrust a defense lawyer to submit a written application after understanding the case situation in the meeting, and attach materials demonstrating the exclusion of social dangerousness item by item.

1. Problem background and typical scenarios

The common confusion among family members is: once someone is detained, when exactly can they be released, and who has the final say in this matter? In fact, the review of the necessity of detention is a statutory procedure during the investigation and review of prosecution, and it is not solely decided by the investigating organ. There are two ways to initiate the review: the former is conducted by the procuratorial organ on its own initiative, and the latter is initiated by the party concerned. In practice, common reasons for seeking bail include first-time offenders who have been detained, those involved in cases with relatively small amounts of money, detainees who need medical treatment, those with fixed residences and stable jobs, and detainees whose families are willing to provide guarantors.Criminal defense and criminal case filingIn these types of cases, submitting the application as early as possible often determines whether the applicant can be released during the review period.

II. Key points of contention

First, whether the charges are substantiated or whether there are thresholds for the number and amount of evidence required to establish guilt. Second, whether there are mitigating circumstances such as voluntary surrender, confession, and plea bargaining. Third, a case-by-case assessment of social dangerousness, including the likelihood of collusion, fabrication or destruction of evidence, and escape. Fourth, the detainee's physical condition and special circumstances such as illness, pregnancy, or breastfeeding. Fifth, the stability of the detainee's residence and contact information, ensuring their prompt appearance when summoned. Sixth, the choice of guarantee methods, including bail, guarantors, and property guarantees. Seventh, the multiple factors of co-defendants, and the likelihood of collusion among them.

III. Professional analysis by Henglue Law Firm

The general structure of handling such applications by Henglue Law Firm is to first meet with the client, then present arguments, and finally submit the application. Taking a criminal case handled by Attorney Shang Jiangpeng of our firm as an example: The client was detained for criminally posting three obscene video files on an online platform. The three posts had a total of about 5,000 views and 1,000 downloads, and the client did not gain any economic benefits. The attorney immediately went to the detention center to meet with the client, verify the number of posts, their content, the client's motives, and the circumstances of his appearance in court, confirming that the client was a first-time offender with a voluntary surrender, pleaded guilty, and accepted the punishment without seeking financial gain. Subsequently, a legal opinion letter for bail was submitted, with arguments divided into four layers: First, the number of videos far exceeded the threshold for conviction stipulated in the judicial interpretation, and the number of views and downloads cannot replace the quantitative standard. According to the law, it should not be considered a crime; Second, the client's voluntary surrender after being summoned to appear in court and providing truthful statements constituted a voluntary surrender, which could be mitigated according to the law when combined with a guilty plea; Third, the mitigation of punishment for a guilty plea during the investigation stage is greater; Fourth, the social danger was excluded item by item, demonstrating that there was no real danger of committing new crimes, no possibility of colluding with others, and no risk of fleeing, and the argument was reinforced by the criminal justice policy of minimizing arrests, prosecutions, and detentions. On June 24, 2026, the case-handling organ granted the application for bail. In another case, our firm's attorneys also submitted a bail application by highlighting the client's circumstances of needing continuous treatment for illness, being an accomplice, and being a first-time offender who occasionally committed crimes, and the application was also approved. The common points of this series of work are: first, resolve the issue of legal classification, then address the issue of social danger, and finally address the issue of guarantee, in a three-step progressive manner.

IV. Practical suggestions and legal basis

Action suggestions: 1. As soon as possible, authorize a lawyer to meet with the client to understand the facts and financial amounts involved in the case; 2. Organize evidence to demonstrate whether the charges are valid and whether they meet the threshold for conviction; 3. Prepare materials for bail guarantee, including the bail amount, the guarantor's identity and contact information, and proof of residence and employment; 4. Prepare materials related to the client's physical condition, such as diagnostic certificates and medical records; 5. Draft a written application, and demonstrate the absence of social dangerousness item by item; 6. If necessary, submit the application to the procuratorial organ simultaneously and apply for a review of the necessity of detention; 7. After the application is rejected, promptly understand the reasons and supplement the materials to re-apply. Legal basis: Articles 95, 96, and 67 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding the conditions for bail pending trial; and the provisions on the review of the necessity of detention in the Rules of Criminal Procedure of the People's Procuratorate. For details on guarantee and property preparation, please refer to the relevant provisions.Creditor's rights and debts, and enforcementFor details regarding the preparation of medical records and materials, please refer to the following document.Personal injury and medical disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, there are statutory procedures for reviewing the necessity of detention, and the procuratorial organ shall conduct such a review. Secondly, the argument structure should be qualitative first, followed by dangerousness, and finally by guarantee. Thirdly, the social dangerousness should be excluded item by item, and it is not allowed to make a general statement that there is none. Fourthly, either the bail or the guarantor can be chosen, but it is necessary to ensure that it is feasible. Fifthly, illness and special circumstances are statutory grounds for bail, and all relevant materials should be prepared. Sixthly, the application made during the review stage is more substantive than the subsequent review of the necessity of detention. Seventhly, when there are many co-defendants in the same case, the risk of collusion in evidence should be actively eliminated. The application points of the relevant procedures can also be referred to.Business and contract disputes in enterprisesThe communication and material organization ideas in the column.

VI. Frequently Asked Questions

Q1: Who applies for the review of the necessity of detention?

According to Articles 95 and 107 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the People's Procuratorate shall review whether it is necessary to arrest the detained criminal suspects, which is a review conducted by the procuratorial organ in accordance with its duties. At the same time, the criminal suspects, defendants, their legal representatives, close relatives or attorneys may also apply for the modification of the compulsory measures, and the People's Procuratorate shall review and decide on it. Therefore, in practice, lawyers usually file the application and urge the procuratorial organ to conduct the review simultaneously.

Q2: Can family members apply for bail pending trial?

Yes. The close relatives of detainees have the right to apply for a change in the compulsory measures. However, it should be noted that family members usually lack a comprehensive understanding of the case, and the applications submitted directly often have limited evidentiary value. A more effective approach is for family members to first hire a lawyer to meet with the detainee, understand the facts and evidence of the case, and then have the lawyer draft a written application and accompany them to submit it. At the same time, the family members should cooperate in providing guarantee materials such as a deposit or a guarantor, which will enhance the quality of the application and improve the efficiency of its implementation.

Q3: When is the review of the necessity of detention conducted?

Generally, it is initiated after the criminal suspect is detained and before the application for approval of arrest. The People's Procuratorate shall review whether it is necessary to arrest the detained criminal suspect and may request to grant bail pending trial during the review period. In practice, it is most common to file the application within a few days after receiving the detention notice, and the earlier it is filed, the more conducive it is to resolving the issue before the arrest. If the procuratorial organ decides to arrest the suspect, it can still apply for review again after the expiration of the investigation and detention period.

Q4: What guarantees are required for bail pending trial?

Two methods can be adopted, namely, a guarantee deposit or a guarantor, and alternative measures such as electronic or informatized supervision can also be applied to specific individuals. If a guarantor is used, the guarantor's identity certificate and contact information must be submitted, and it must be ensured that the guarantor has no interest in the case and will fulfill the obligation of supervised residence. If a guarantee deposit is used, it must be paid in accordance with the prescribed amount. Lawyers usually propose guarantee schemes in their applications, which makes it convenient for the case-handling authorities to adopt them directly.

Q5: How much does it cost to hire a lawyer to handle bail pending trial?

The fees are determined through consultation between the law firm and the client and depend on the stage of the case, the amount and number of cases involved, whether multiple meetings and the preparation of applications are required, and whether it is necessary to work at the detention facility, etc. If the client hires a full-time defense attorney during the investigation stage, the bail application is usually included in the scope of services and does not require separate billing. If the client separately hires an attorney to apply for bail, the fees will be relatively lower. Before signing the contract, it is recommended to clarify whether the fee includes the re-application for bail after it has been rejected.

The above Q&A is mainly based on judicial practices in Beijing. 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·Beijing Henglue 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 case of disputes, please consult a practicing lawyer in time.