[Direct answer]The statutory conditions for bail pending trial are stipulated in Article 67 of the Criminal Procedure Law: the defendant may be sentenced to control, detention, or independently apply additional punishments; may be sentenced to fixed-term imprisonment or a more severe punishment, but bail will not pose a danger to society; the defendant is ill and unable to take care of himself, pregnant or breastfeeding, and bail will not pose a danger to them; the detention period has expired but the case has not been concluded. Whether the bail is granted mainly depends on whether there is a danger to society. Beijing Henglue Law FirmCriminal defense teamIt is often argued from three perspectives: objective behavior, subjective intent, and the degree of cooperation. For more details, please refer to the following section.Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The article lists four types of circumstances under which bail may be granted. The key point is the second item, which states that "the suspect may be sentenced to fixed-term imprisonment or a more severe punishment, and the granting of bail will not pose a danger to society". Whether "there will be no danger to society" is determined by the case-handling organ based on the suspect's criminal record, the nature of the crime, their admission of guilt and repentance, and their fixed residence, among other factors. This is the focus of the defense argument.

2. Article 68 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

Bail may be granted on the condition that the defendant appoints a guarantor or pays a deposit, whichever he/she prefers; the guarantor must have no connection with the case, be capable of fulfilling his/her obligations, and enjoy political rights and freedoms. The amount of the deposit shall be determined by the case-handling organ based on the circumstances of the case and the social danger. During the bail period, the defendant shall comply with the regulations such as reporting and attending court when summoned. Anyone who violates these regulations may have the bail measure changed.

3. Practical judicial interpretation (non-approval of arrest and bail application)

In practice, if the procuratorial organ refuses to approve the arrest, it often means that the bail will be changed; factors such as ordinary employees, accomplices, first-time offenders, those who have made restitution, and those who are ill in the case of corporate crimes are strong supporting points for proving the lack of social danger. The most common pitfall is only mentioning "family difficulties" without providing evidence of the lack of social danger. The materials should be organized around three dimensions: duty, knowing, and cooperation. In addition, whether "there is no social danger" is the core of the case handler's discretionary power. The written application must exclude each of the social danger circumstances listed in Article 81 of the Criminal Procedure Law one by one. General statements will hardly gain support.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:On November 5, 2025, Z * was detained because his company was suspected of illegally absorbing public deposits. His family immediately entrusted the Beijing Henglu Law Firm to handle the case.Lu XiaoxueAttorney. The attorney clarified that Z* joined the Human Resources Department in April 2024, and was nominally a "Salary Manager", but in reality, he was just an ordinary employee, only responsible for the salary calculation of employees in the industry sector. He never involved in the core business of attracting deposits from clients, and had no knowledge of the sources of funds.

The focus of the controversy:First, whether Z's objective actions are related to the core business of illegal deposit-taking; second, whether he/she has the subjective intent to commit a crime; and third, whether he/she meets the statutory conditions for bail pending trial.

Our position and that of the other party are as follows:Z* claimed that he was an ordinary staff member and had no knowledge of the matter and did not participate in it. He requested bail, but the case-handling organ detained him on suspicion of drug trafficking and reviewed whether to approve his arrest.

Attorney's Strategy and Legal Opinion:Attorney Lu Xiaoxue conducted a three-dimensional argument on "whether the act constitutes a crime" and "whether the defendant meets the conditions for bail": Objectively, the defendant only handled basic personnel matters and was not involved in the core of fundraising; Subjectively, he was managed by his superiors, unaware of the operation of the wealth side, and did not constitute a crime or the circumstances were significantly minor; Actively cooperated with the investigation, made truthful statements, and did not collude to destroy evidence. According to Article 67 Paragraph 2 of the Criminal Procedure Law and Article 3 of the "Regulations on Several Issues Concerning Bail Pending Trial", there is no social danger if bail is granted, and it should be applied according to law.

The court's reasoning and the outcome of the case:After a comprehensive review, the procuratorate adopted the lawyer's opinion, made the decision not to approve the arrest, and changed the coercive measures to bail pending trial, allowing Z * to reunite with his family. This case shows that when ordinary employees are involved in corporate crimes, accurately distinguishing between their duties and subjective states is the key to successfully obtaining bail instead of arrest.

This case is handled by Beijing Henglu Law Firm.Lu XiaoxueAttorney (practice license number: 11101202311685747, subject to the document issued by the judicial administrative organ) acting as the agent.

III. Frequently Asked Questions

Q1: Does getting bail mean that I'm off the hook?

No. Bail is a change in the compulsory measures, which does not mean the end of the case. There may still be subsequent investigations, prosecutions, and trials. However, it has secured the defendant's freedom and defense space, which is a favorable outcome at this stage. The defendant should continue to cooperate with the lawyer to advance the case.

Q2: Can ordinary employees be granted bail if they are suspected of committing a crime on behalf of their employer?

Possibly. General employees who are not involved in core businesses such as fundraising and are not aware of the operating mode can claim that they do not constitute a crime or that the circumstances are significantly minor; if they truthfully confess, cooperate with the investigation, and pose no social danger, they can strive to avoid being approved for arrest and to be granted bail pending trial.

Q3: Is it better to use a guarantor or a security deposit?

You can choose one of the two options. If you have a qualified guarantor (who has no criminal record and the ability to fulfill the obligation), you don't need to pay the money; otherwise, you need to pay the deposit. The specific decision will be made by the case-handling organ based on the circumstances of the case. The parties involved and their families can choose according to their own situations, but they all must abide by the provisions of bail.

Q4: What should I pay attention to during the bail period?

Be available at any time, do not leave the city or county where you live, report any change of address promptly, and do not interfere with the witnesses. Violation may result in the forfeiture of the bail or a change of arrest. During the bail period, you should continue to cooperate with your lawyer and prepare defense materials.

Q5: If the detention is not approved, can the defendant definitely be granted bail?

Not approving arrest usually involves changing the bail conditions, but whether to grant bail still depends on the assessment of social danger. If the case-handling organ believes that further investigation is necessary and there is no danger, it will often change the bail conditions; in some cases, residential surveillance may be imposed. The final decision shall be subject to the legal documents.

IV. Advice on Protecting Rights and Interests

  • After being detained, it is advisable to hire a lawyer as soon as possible and organize materials demonstrating the absence of social danger based on the lawyer's scope of duties, subjective awareness, and degree of cooperation.
  • For unit crimes, ordinary employees should submit labor contracts, wage standards, and proof of job responsibilities to demonstrate that they are not involved in core business operations.
  • Active compensation, obtaining understanding, and making a truthful statement are important plus points in striving to avoid being arrested and granted bail.
  • After being granted bail, you must comply with all the regulations and cooperate with the subsequent defense. Make sure not to have your compulsory measures changed due to violating the rules.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Lu Xiaoxue·Beijing Henglu Law Firm