[Direct answer]No. Bail pending trial is a change of compulsory measures according to law, not simply releasing someone after they pay a fee. According to Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), bail pending trial may be granted in the following circumstances: where the defendant is likely to be sentenced to control, detention, or an additional punishment applied independently, or where he/she is likely to be sentenced to fixed-term imprisonment or a heavier punishment but there is no social danger if he/she is granted bail pending trial; where the defendant is ill, pregnant, or the case has not been concluded after the expiration of the detention period; etc. The bail may take the form of a guarantor or a deposit, but only one of the two can be chosen. The minimum amount of the deposit is 1,000 yuan (Article 70). The maximum duration of bail pending trial shall not exceed 12 months (Article 79), and the investigation, prosecution, and trial shall continue after bail is granted. Whether to grant bail depends on statutory conditions and the review by the case-handling organ, not simply on payment of the fee. For reference, please refer to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018).Criminal defenseColumn.

I. Problem Background and Typical Scenarios

Such misunderstandings are common in several situations: first, when a family member is detained criminally, the family is eager to spend money on the case and mistakenly believes that the bail is the fee for releasing the person; second, when they hear so-called intermediaries claiming that they can "bribe their way out"; third, when they don't know that there are two ways to obtain bail, namely having a guarantor and paying a deposit, and mistakenly believe that they must pay money; fourth, when they think that paying the deposit means the case is over; fifth, when they want to try again after their bail application is rejected. In the practice of handling cases in the Beijing area, the review of bail pending trial focuses on social dangerousness and statutory circumstances. Paying money is just one of the guarantee methods. The so-called "paying money to release someone" is not credible. Relevant applications can be referred to for reference.Special services and other casesColumn.

II. Key points of contention

The first focus is whether the statutory conditions are met, including the expected length of the sentence, social dangerousness, illness or pregnancy, and the expiration of the detention period. The second focus is the choice of guarantee methods. The guarantor and the bail amount can only be selected one at a time, and the bail amount is determined by the case-handling organ based on the social dangerousness, case circumstances, and economic conditions. The third focus is the obligations of the person under bail. Without approval, they are not allowed to leave the city or county where they reside, must appear in court promptly when summoned, and are not allowed to interfere with witnesses' testimony or destroy or falsify evidence. The fourth focus is the relationship between bail and case closure. Bail is just a change of coercive measures, and the case will still proceed. The fifth focus is the conditions for the return of the bail. If the bail ends and no regulations are violated, the bail should be returned. The sixth focus is the applicants and application channels. The suspect himself, his legal representative, close relatives, or defense attorneys can all apply. Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

III. Professional analysis by Henglue Law Firm

Take the three bail cases handled by our firm as examples, it can be seen that the key to bail lies in argumentation rather than payment. First, in the case of disseminating obscene materials: The client was criminally detained for reposting and publishing videos, but did not profit from it and the number of videos was far below the threshold for criminal prosecution. Attorney Shang Jiangpeng argued from two aspects: the threshold for criminal prosecution was not met and there was no social danger. He submitted a legal opinion letter for bail pending trial, and the public security organ decided to grant bail. Second, in the case of illegally absorbing public deposits: The client was only an ordinary staff member and was not involved in the core business of deposit absorption. Attorney Lu Xiaoxue argued from three aspects: objective behavior, subjective intent, and no social danger. The procuratorate decided not to approve the arrest and changed it to bail pending trial. Third, in another case of illegal deposit absorption: The client was a low-income individual and was also a victim of large-scale investment. His family compensated 200,000 yuan. Attorney Yuan Hang submitted an application for non-approval of arrest, and the client was changed to bail pending trial during the detention period. In all three cases, the lawyers used circumstances, compensation and understanding, and no social danger as the core arguments. The bail bond was just a supporting guarantee arrangement. This case was handled by Beijing Henglue Law Firm.Shang JiangpengAttorney (Practice Certificate No.: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, entrust a lawyer to meet with the suspect as soon as possible to verify the case process, the circumstances of the case, and the social dangerousness factors; Second, the lawyer should submit legal opinions to the case-handling organ for bail or non-approval of arrest, demonstrating the legal circumstances in Article 67; Third, prepare materials such as compensation and understanding, and return of illicit gains simultaneously to reduce the evaluation of social dangerousness; Fourth, if choosing a guarantee method, truthfully declare the economic situation, and the case-handling organ shall determine the amount according to law; Fifth, after bail, strictly abide by the provisions of Article 71, appear in court on time, and avoid being detained again. In terms of legal basis, Article 67, Article 70, Article 71, and Article 79 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) respectively stipulate the conditions for bail, the determination of the bail amount, the obligations and time limits of the person under bail, and Article 97 stipulates that the suspect, the defendant, and their legal representatives, close relatives, or defenders have the right to apply for the change of coercive measures.

5. Henglue Law Firm's Advice

Risk Warning: Firstly, any claim that you can release someone by paying money is not credible and may involve fraud or bribery. Please do not easily believe in transferring money. Secondly, the deposit will be refunded according to law only if you comply with the regulations. If you violate your obligations, the deposit may be confiscated and you may be detained again. Thirdly, bail does not mean the case is closed. The case will still proceed. You should fix favorable circumstances during the bail period. Fourthly, being denied bail does not mean there is no chance. You can apply again after supplementing the materials with a lawyer, or apply for a review of the necessity of detention. It is recommended to consult as soon as possible.Beijing Henglu Law FirmOn the official website's criminal section, professional lawyers evaluate the bail process.

VI. Frequently Asked Questions

Q1: Will the bail pending trial guarantee deposit be refunded?

Yes. After the bail pending trial ends and the person under bail does not violate the provisions of Article 71, he/she may, upon presenting the notice of the termination of bail pending trial or relevant legal documents, withdraw the refunded bail deposit from the bank; if he/she violates the provisions and interferes with the litigation, the paid bail deposit may be confiscated, and depending on the circumstances, he/she may be ordered to make a statement of repentance, pay the bail deposit again, provide a guarantor, or be placed under residential surveillance or arrested. The refund of the bail deposit is subject to the proper performance of obligations and is not necessarily related to the final outcome of the case.

Q2: Can the person who has paid the deposit necessarily be released?

Not necessarily. Bail is just one of the guarantee methods. Whether bail can be granted depends on whether the defendant meets the statutory conditions set forth in Article 67 of the Criminal Procedure Law. The case-handling organ also needs to review whether there is no risk of causing social harm. If the defendant only provides a bail guarantee but does not meet the conditions, the bail will not be granted. In practice, bail is more dependent on case-specific circumstances, such as voluntary surrender and confession, compensation and apology, illness, first-time offenses, and no risk of reoffending. It is recommended that lawyers first evaluate the conditions before applying for bail, rather than relying on paying the bail fee to solve the problem.

Q3: How long can bail pending trial last at most?

The maximum duration of bail pending trial shall not exceed twelve months, and the maximum duration of residential surveillance shall not exceed six months; if the term expires or it is found that criminal responsibility should not be investigated, the case-handling organ shall promptly release or revoke it. During the period, the case-handling organ shall not interrupt the investigation, prosecution, and trial of the case, and the person who has been released from bail shall be notified of the same and relevant units. During the period of bail, the person shall comply with the obligations stipulated and appear in court on time to avoid being changed to a detention measure due to violations of the rules.

Q4: Who can apply for bail pending trial?

The criminal suspect, the defendant himself, his legal representative, close relatives, or defense attorneys have the right to apply for the modification of compulsory measures. The application should be made in writing and state the reasons and basis in accordance with Article 67; if the suspect is detained, the defense attorney may also apply for a review of the necessity of detention. The case-handling organ shall respond within the statutory time limit. When applying on their own, family members should simultaneously engage a lawyer to enhance the professionalism and success rate of the argumentation.

Q5: Will I still be sentenced to prison after being granted bail pending trial?

Yes. Bail pending trial is just a change in the coercive measures, which does not alter the litigation process of the case. After the investigation is completed, the case may still be transferred for review and prosecution and trial. However, bail allows the parties to gain freedom and prepare for their defense. During this period, they can cooperate in making restitution, seeking understanding, organizing mitigating circumstances, and creating conditions for subsequent non-prosecution, probation, or lenient punishment. The outcome of the case depends on the facts and evidence. It is recommended to continue to hire a lawyer to follow up after bail is granted. For reference only.Criminal defenseColumn.

The above questions and answers are mainly based on the judicial practice 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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on 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. If a dispute arises, please consult a practicing lawyer in a timely manner.