[Direct answer]In the Beijing area, according to Article 67 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the people's courts, people's procuratorates, and public security organs may grant bail to criminal suspects and defendants who meet any of the following conditions: 1. Those who may be sentenced to control, detention, or an additional punishment applied independently; 2. Those who may be sentenced to fixed-term imprisonment or a heavier punishment, but whose social dangerousness can be prevented by granting bail; 3. Women who suffer from serious diseases, are unable to take care of themselves, are pregnant, or are breastfeeding their own children, and whose social dangerousness can be prevented by granting bail; 4. Those whose detention period has expired but whose cases have not been concluded, and who need to be granted bail. Whether to approve bail depends on the judgment of the necessity of arrest and social dangerousness. According to Article 81, arrest must meet three conditions simultaneously: evidence, punishment, and social dangerousness. Any one of these conditions is indispensable. In practice, non-violent crimes, first-time offenders, those who admit their guilt and accept the punishment, those who actively return the illicit gains and compensate for the losses and obtain the victim's forgiveness, those who have fixed residences and stable jobs, and those whose family members can provide bailors or pay bail deposits have a significantly higher chance of obtaining bail.Criminal defense and criminal case filingYou can view similar questions in the column.

I. Problem background and typical scenarios

Family members usually seek bail pending trial at three critical stages: First, within 37 days after a relative is criminally detained, when the case is in the crucial phase of applying for approval of arrest and reviewing the approval of arrest. This is the most important time window to strive for not approving the arrest and changing it to bail pending trial; Second, when the case has been approved for arrest, but the family still hopes to apply for a review of the necessity of detention; Third, when the defendant has been sentenced but is in the appeal period, considering applying for a change of compulsory measures. Common situations also include: the defendant is a first-time offender or occasional offender, the amount of money involved in the case is not large, and the defendant has fully refunded the compensation and obtained the victim's written understanding; the defendant suffers from serious illness or the family has special difficulties, such as infants and elderly people needing care. It should be noted that bail pending trial does not mean the end of the case. The person granted bail must still comply with obligations such as attending court when summoned, not interfering with witnesses' testimony, and not destroying or forging evidence. For the compensation and letter of understanding involving the victim, they can be referred to together.Personal injury and medical disputesColumn.

II. Key points of contention

Focus One: Judgment of social danger, including whether the suspect is likely to commit new crimes, whether there is a risk of endangering national or public security, whether the suspect might destroy evidence or interfere with witness testimony, and whether the suspect might retaliate against victims. Focus Two: Grasping the elements of evidence. For arrests, there must be evidence to prove the existence of criminal facts. If the evidence is insufficient, efforts should be made to prevent the approval of the arrest. Focus Three: Evaluation of sentencing requirements. The possibility of sentencing to imprisonment or a more severe punishment is one of the prerequisites for arrest. Focus Four: The role of restitution and reconciliation. Full restitution and obtaining a written reconciliation statement can typically significantly reduce the evaluation of social harm. Focus Five: Selection of guarantee methods. The conditions and consequences of a guarantor's guarantee and a bond guarantee are different. Focus Six: Identification of special family difficulties, such as infants and young children needing care, or when the suspect is the sole guardian. Focus Seven: Obligations during bail pending trial and consequences of violations. Violations may result in the modification of coercive measures. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Take the defense case of fraud committed by Liu Gang, represented by Attorney Yuan Han of our firm, as an example: On July 15, 2025, Liu Gang was detained by the public security organ on suspicion of fraud. At that time, there was a child under one year old at home who needed care, and the family was in a difficult situation. The family immediately entrusted Attorney Yuan Han to intervene and strive for the refusal of arrest and the change to bail pending trial at the critical stage of review and approval of arrest. Attorney Yuan Han's work focused on three main aspects: First, he repeatedly visited the detention center to verify that Liu Gang had no criminal record, was a first-time offender, and to understand the circumstances of his arrest and confession; Second, he coordinated with the family to fully refund the illegal proceeds and obtain the victim's written forgiveness, effectively reducing the social harm; Third, he submitted a request for refusal of arrest to the procuratorial organ, focusing on seven aspects: admitting guilt and remorse, refunding the illegal proceeds and obtaining the victim's forgiveness to reduce social harm; making a truthful confession to constitute frankness; voluntarily admitting guilt and accepting punishment to cooperate with the legal process; having a consistent good performance with no risk of reoffending; having family members provide guarantees to ensure prompt appearance when summoned; and the child being under one year old needing humanitarian care. He argued that there was no necessity for arrest. The procuratorial organ legally adopted the defense opinion and decided not to approve the arrest of Liu Gang, and changed the coercive measures to bail pending trial, allowing Liu Gang to return to his family and continue to cooperate with subsequent judicial procedures. The case cited Article 67 Paragraph 3 of the Criminal Law of the People's Republic of China on confession, Article 67 of the Criminal Procedure Law of the People's Republic of China on the conditions for bail pending trial, and Article 81 on the conditions for arrest, clearly showing the direction of the application for bail pending trial: not just talking about family difficulties, but also implementing the statutory conditions through evidence and circumstances. The case was handled by Beijing Henglu 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, seize the critical window from criminal detention to review and approval of arrest, and entrust a lawyer to meet with the suspect and submit a legal opinion against approval of arrest as soon as possible; Second, complete the compensation and obtain the victim's written understanding as soon as possible, and form payment receipts and letters of understanding. You can refer to the following for reference:Creditor's rights and debts, and enforcement cases1. The approach to handling payments in the column; 2. Preparing fixed residences, stable jobs, family member information, and proof of no criminal record to demonstrate that they do not pose a social danger; 3. Determining the form of bail, with the guarantor meeting certain requirements and the bail amount being paid according to the requirements of the case-handling authority; 4. For those suffering from serious diseases or pregnant or lactating women, they must submit medical records, diagnosis certificates, and related materials; 5. After being granted bail, they must strictly fulfill obligations such as attending court hearings upon summons and not contacting witnesses or interfering with evidence collection. Legal basis: Article 67 and Article 81 of the Criminal Procedure Law of the People's Republic of China (amended in 2018); Article 67 of the Criminal Law of the People's Republic of China; Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, bail pending trial is a statutory coercive measure, not a matter of personal favoritism. Whether it is successful depends on whether it meets the statutory conditions and whether these conditions are reflected in the evidence. Second, arrest requires the concurrent fulfillment of three conditions: evidence, punishment, and social dangerousness. If any of these conditions are not met, efforts should be focused on preventing the approval of the arrest. Third, it is better to seek compensation and reach a settlement as early as possible. Delaying these efforts until after the arrest is approved typically results in greatly reduced effectiveness. Fourth, bail pending trial does not mean the case is over. The person granted bail must still cooperate with the investigation, prosecution, and trial. Violating these regulations may result in their being detained again. Fifth, do not easily believe promises that can guarantee release. Standardized defense relies on legal opinions and evidence materials. Sixth, cases vary greatly, so it is recommended to hire a professional lawyer as soon as possible to develop an application strategy based on the specific circumstances of the case, rather than simply copying others' experiences.

VI. Frequently Asked Questions

Q1: What are the statutory conditions for bail pending trial?

According to Article 67 of the Criminal Procedure Law of the People's Republic of China, these circumstances include: those who may be sentenced to control, detention, or have additional punishments applied independently; those who may be sentenced to fixed-term imprisonment or more severe punishments but do not pose a danger to society; women who suffer from serious diseases, are unable to take care of themselves, or are pregnant or breastfeeding; and cases where the detention period has expired but the proceedings have not been completed.

Q2: Can I be granted bail after being sentenced to arrest?

It's possible to fight for it. After the arrest, one can still apply for a review of the necessity of detention. If there are new circumstances such as compensation, understanding, deterioration of physical condition, or changes in evidence, one can apply to the case-handling organ to change the compulsory measures to bail pending trial.

Q3: How significant is it to offer compensation and reach an agreement with the victim in order to obtain bail?

It plays a significant role. A full refund and obtaining a written apology can substantially reduce the evaluation of social harmfulness, and it is an important factor in deciding not to approve the arrest and changing the compulsory measures. It is particularly effective in cases involving property infringement.

Q4: Can the guarantor and the guarantee deposit be provided at the same time?

It shall be decided by the case-handling organ. Bail pending trial may be implemented by the guarantor's guarantee or by paying a deposit. Which one to adopt or whether to use them together shall be determined according to the requirements of the case-handling organ and the circumstances of the case.

Q5: Can I go out during the period of bail pending trial?

You need to comply with the relevant regulations. To leave the city or county where you live, you must obtain the approval of the executing authority and ensure that you attend court promptly when summoned, do not interfere with witnesses giving evidence, and do not destroy or forge evidence. Violating these regulations may result in the modification of the compulsory measures imposed on you.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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, so as 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.