[Direct answer]In the Beijing area, it's generally difficult to obtain bail pending trial for economic crimes, but there's still room for improvement. The key lies in demonstrating the social danger and the defendant's repentance. According to Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), if the defendant is likely to be sentenced to fixed-term imprisonment or a heavier punishment and there's no social danger if he/she is granted bail pending trial, he/she may be granted bail. The same applies to women who are suffering from serious diseases, pregnant or breastfeeding, as well as cases where the detention period has expired but the case has not been concluded. For cases involving illegal absorption of public deposits, fund-raising fraud, etc., the investigating authorities will focus on the amount of money involved, the defendant's status and role, and the risks of bribing witnesses and destroying evidence. In practice, accomplices, low-level employees, first-time offenders, and those who truthfully confess and have already made restitution have a significantly higher chance of being granted bail. Many related cases handled by Hengluo Law Firm have successfully obtained bail within about a month after detention. It is recommended that family members engage a lawyer as soon as possible to seize the golden opportunity.

I. Problem Background and Typical Scenarios

"Can I be released on bail without admitting guilt?" and "What should I do if an employee of my company is arrested for involvement in an economic crime?" are frequently asked questions by families of those involved in economic crimes. Typical scenarios include: the collapse of a financial platform, with grassroots sales staff, administrators, and financial personnel all being detained by criminal custody; the involved party himself/herself is also an investor, and the family members are selling assets to make restitution; co-defendants are at large, and the investigating authorities refuse to grant bail due to concerns about collusion in evidence; and where the amount involved is huge and the person is identified as the main perpetrator, the difficulty of obtaining bail is significantly greater. Economic crimes involve a large number of suspects and complex financial networks, and the investigating authorities conduct a strict review of social dangerousness, making bail approval generally more difficult than in minor criminal cases. However, there are precedents—the key lies in whether it can be proven that "there is no risk of causing social dangerousness". For cases involving corporate-level responsibilities, it can be combined with other evidence.Business and contract dispute resolution services for enterprisesEvaluate the boundaries between units and individuals.

II. Key points of contention

There are five key points of contention. Firstly, the charges and the amount involved in the case: the penalties for illegally absorbing public deposits and fund-raising fraud are different, and the amount involved directly affects the pre-sentencing prediction. Secondly, the status and role: the bail difficulty for main perpetrators, organizers, and low-level staff and accomplices varies greatly. Thirdly, the return of illicit proceeds and compensation: whether to return personal illegal income and pay fines in advance is a direct manifestation of the attitude towards repentance. Fourthly, social dangerousness: whether there is a risk of colluding with accomplices, destroying evidence, or fleeing, and whether co-defendants have appeared in court. Fifthly, health and family factors: having diseases requiring continuous treatment, needing to care for minor children, etc., can be considered as discretionary circumstances. In the case-handling practice in Beijing, under the criminal justice policy of "less arrests, cautious prosecutions, and prudent detentions", the bail opportunities for economic crime suspects without social dangerousness are expanding.

III. Professional analysis by Hengluo Law Firm

Many cases handled by Hengluo Lawyers provide reference. Firstly, in the case of disseminating obscene materials handled by Attorney Shang Jiangpeng, the defendant only reposted three videos, with a total viewing count of about 5,000 times, far below the statutory threshold for criminal prosecution of non-profit dissemination of obscene materials. The lawyer argued from two perspectives: "the threshold for criminal prosecution is not met" and "there is no social danger", and combined with the circumstances of voluntary surrender and pleading guilty and accepting punishment to submit the "Legal Opinion on Bail Pending Trial". On June 24, 2026, the case-handling organ legally changed the measure to bail pending trial. Secondly,Lu XiaoxueIn the case of illegal absorption of public deposits handled by the lawyer, the defendant was named as "Salary Manager", but in fact, he only calculated the salaries of the staff in the industry and was not involved in the core business of fundraising. The lawyer argued from three aspects: objective behavior, subjective intent, and social danger. The procuratorate adopted the lawyer's opinion, made a decision not to approve the arrest, and changed the compulsory measures to bail pending trial. Thirdly,Yuan HangIn the non-embezzlement case handled by the lawyer, the client himself also suffered huge investment losses, and his family members fully refunded 200,000 yuan. The lawyer submitted an application for refusing to approve the arrest based on the client's minor subjective malice, limited role, and lack of social danger, and successfully obtained bail during the detention period. This case was handled by Beijing Henglu Law FirmShang Jiang PengThe attorney (practice license number: 11101202310580738, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), which stipulates the circumstances in which bail pending trial may be applied, including cases where the defendant may be sentenced to fixed-term imprisonment or a heavier punishment, and situations where the application of bail pending trial will not cause a danger to society; Article 27 and Article 67 of the Criminal Law of the People's Republic of China (amended according to the Amendment (XI) to the Criminal Law on December 26, 2020, and implemented on March 1, 2021), which stipulate that accomplices shall be given a light or mitigated punishment or be exempted from punishment; and the provisions on the review of social dangerousness in the "Regulations on Several Issues Concerning Bail Pending Trial Issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of State Security" (implemented on September 1, 2022). Practical suggestions: 1. Immediately appoint a lawyer to meet with the defendant and understand the case after criminal detention; 2. Build legal opinions around the defendant's status and role, subjective knowledge, restitution situation, and social dangerousness; 3. Have the lawyer handle the return of illicit gains and compensation in accordance with the law; 4. Have family members provide a guarantor or a guarantee deposit; 5. Submit opinions in a timely manner during the golden window period for review and approval of arrest warrants.

5. Henglu Law Firm's Advice

Three tips. First, bail pending trial is just a change in coercive measures, not equivalent to the conclusion of the case. There may still be investigation, prosecution, and trial in the future. During the bail period, you must abide by the rules, be available for questioning at any time, and not interfere with witnesses or destroy evidence. Second, don't believe in the scam of "paying money to get someone out of custody". Whether bail is granted depends on legal conditions and the circumstances of the case. Any intermediary who promises results is suspected of violating the law. Third, the return of illicit proceeds and compensation should be carried out in accordance with legal procedures and all relevant documents should be preserved to avoid being subject to repeated recovery of funds. Economic crimes involve a large number of suspects and a long case-handling period. The most valuable thing for family members to do is to hire a professional lawyer to meet with the suspect and submit legal opinions as soon as possible after the suspect is detained. If you need professional support, you can contact us through the following channels:Beijing Hengluo Law FirmContact the criminal team.

VI. Frequently Asked Questions

Q1: Is it difficult to obtain bail pending trial for economic crimes, and can it actually be done successfully?

The difficulties are real, but there's still room for effort. Economic crimes involve a large number of suspects and complex financial networks. The case-handling authorities conduct strict reviews of the risks of collusion and destruction of evidence, and there are obviously greater obstacles to bail for main perpetrators and those involved in huge amounts of money. However, many cases involving accomplices, low-level employees, first-time offenders or repeat offenders who truthfully confess and have made restitution have successfully obtained bail during the detention period. According to Article 67 of the Criminal Procedure Law, the core judgment criterion is "taking bail pending trial will not cause social danger". The lawyer's role is to prove this with evidence and legal opinions, rather than promising the outcome. What family members can do is to hire a lawyer to meet with the suspect and submit a bail application as soon as possible, making full use of the golden window of opportunity.

Q2: What materials are needed to apply for bail pending trial?

Generally, it includes four categories: First, materials on the circumstances of the parties, such as identity certificates, medical records and diagnosis certificates (when the patient needs treatment), and explanations of family circumstances (such as needing to care for minor children); Second, materials on the manifestation of remorse, such as certificates of returning illicit gains and compensation, payment receipts for fines in advance, and written opinions on confessing guilt and accepting punishment; Third, materials refuting the social dangerousness, such as proof of fixed residence, proof of work unit, information on guarantors, or proof of the ability to pay the deposit; Fourth, legal documents prepared by lawyers, including applications for bail pending trial or legal opinions on refusing to approve arrest, which demonstrate the status and role, subjective awareness, and situation of returning illicit gains in detail. The materials should aim at the core standard of "not causing social dangerousness", and lawyers should organize them based on the circumstances of the case.

Q3: How much does it cost to hire a lawyer to handle bail pending trial?

The attorney's fees are determined through negotiation between the law firm and the client. They are usually charged on a per-item basis during the investigation stage, or may be packaged into a fixed fee for each stage. The specific amount depends on the complexity of the case and the workload involved, and is subject to the written contract of engagement. The scope of services (including meetings, bail applications, and communication with case-handling authorities) and the fee calculation method should be clearly defined. Two types of traps need to be cautious of: first, promises of "guaranteed bail" and charging high fees—the decision on bail is made by the case-handling authorities according to law, and no one can guarantee the outcome; second, demands to transfer money to personal accounts—all formal fees must be deposited into the law firm's account and issued with receipts. It is recommended to verify the lawyer's qualifications and experience in similar cases before signing the contract.

Q4: How long does it usually take from being detained in criminal custody to being released on bail?

The first 37 days after criminal detention are a crucial window for securing bail. If the public security organ deems that the detainee needs to be arrested, it shall submit the case to the people's procuratorate for review and approval within three days after the detention, and the time limit may be extended by one to four days in special circumstances. For major suspects who commit crimes by roving around, commit multiple crimes, or commit crimes in gangs, the time limit for submitting the case for review and approval may be extended to 30 days, and the people's procuratorate shall make a decision within seven days. Lawyers usually complete the meeting and submit applications for refusal to approve arrest or bail within this window. Many cases handled by Hengluo Lawyers have successfully secured bail within about one month after criminal detention. If the arrest is approved, it is still possible to apply for a review of the necessity of detention, but the difficulty will increase, so the earlier the intervention, the more proactive it will be.

Q5: If a family member is detained by the police for an economic crime, what should the family do first?

Here are the four suggestions: First, promptly hire a professional criminal lawyer and arrange a meeting to understand the suspected charges, the amount involved, and your role in the case to avoid hearsay. Second, cooperate with the lawyer to organize favorable materials such as the ability to return the embezzled funds and compensation, as well as the defendant's health and family circumstances, and proceed with the legal compensation through the lawyer's guidance. Third, during the approval period for arrest, the lawyer will submit an application for bail or a legal opinion letter against approval, focusing on arguments such as being an accomplice, a first-time offender, returning the embezzled funds, and demonstrating no social danger. Fourth, be cautious with intermediaries and connection-based arguments in attempts to secure release. All legal actions should be conducted through a law firm. After bail is granted, comply with the regulations and attend court hearings promptly, while securing favorable conditions for subsequent defense.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other 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, 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 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.