[Direct answer]For minor offenses, first-time offenders, accomplices, minors, those who are ill or pregnant and breastfeeding, those who admit their guilt and accept the punishment, and those who have made restitution and obtained the understanding of the victim and pose no danger to society, it is relatively easy to obtain bail pending trial. However, it is more difficult for violent felonies, repeat offenders, and those who have a risk of colluding to destroy evidence. The statutory conditions are set out in Article 67 of the Criminal Procedure Law. Beijing Henglue Law FirmCriminal defense teamThe bail conditions can be assessed on a case-by-case basis. For more details, please refer to the following link:Beijing Henglue Law Firm.

I. Problem background and typical scenarios

After a family member is detained in criminal custody, the most urgent demand of the family is often to get the person released on bail. Whether the request for bail is granted or not does not depend on the reputation of the crime, but on two issues: the possible maximum sentence for the case and whether there will be a social danger if the person is released. In practice, cases that are more likely to be granted bail have a clear profile: minor offenses that may be sentenced to detention, control, or short-term imprisonment; crimes with minor circumstances, committed by first-time or occasional offenders; accomplices who only play a supporting role in joint crimes; those who have made restitution and obtained the victim's forgiveness; those who need continuous treatment for illness; and those who truthfully confess, voluntarily admit guilt and accept punishment, and can attend court hearings whenever summoned.

II. Key points of contention

  • Does it meet the statutory circumstances set forth in Article 67: If the defendant is likely to be sentenced to fixed-term imprisonment or a more severe punishment, but the adoption of bail will not pose a social danger, it is the most commonly used application channel. This requires combining the expected sentencing to demonstrate the feasibility of the application.
  • Can all social dangerousness be ruled out one by one? Circumstances such as committing new crimes, endangering national security, colluding with others to destroy evidence, retaliating, escaping and committing suicide need to be refuted one by one and supported by evidence.
  • Is the threshold for conviction met? Some charges set the threshold for conviction based on quantity or amount. If the threshold is not reached, it does not constitute a crime in itself, and the argument for bail will be more effective.

III. Professional analysis by Henglue Law Firm

The bail case of the crime of disseminating obscene materials handled by Henglue Lawyers demonstrates the legal defense strategy. C某 was criminally detained for reposting and publishing three obscene videos on a forum, with a total of approximately 5,000 views and 1,000 downloads, and did not profit from it. After the meeting with lawyer Shang Jiangpeng, the defense team broke through from two angles: First, the threshold for conviction - according to the judicial interpretation, non-profit dissemination of obscene videos requires more than 40 videos to be convicted and punished. In this case, there were only three videos, less than one-tenth of the threshold. Viewing and downloading volumes cannot substitute for the quantity threshold, and it should not be deemed a crime according to the law. Second, there is no social danger - C某 appeared at the court upon summons and truthfully confessed, constituting a voluntary surrender. During the investigation stage, he voluntarily admitted guilt and accepted the punishment, and was a first-time offender who acted alone without accomplices. All possibilities of recidivism, collusion, and escape were ruled out, making continued detention unnecessary. The lawyers submitted the "Legal Opinion on Bail Pending Trial" to the case-handling authorities and argued in accordance with the criminal justice policy of "less arrests, less prosecutions, and less detentions". On June 24, 2026, the public security organ decided to grant bail in accordance with Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law. Additionally, in the case of illegal absorption of public deposits, Henglue Lawyers also argued that ordinary employees who were only responsible for basic personnel matters and were not involved in the core business of fundraising did not constitute a crime or had extremely minor circumstances. After the procuratorate decided not to approve the arrest, the bail was changed. It can be seen that the core of bail is to explain and demonstrate the lack of social danger in a convincing and thorough manner.

IV. Practical suggestions and legal basis

In terms of legal basis, Article 67 of the Criminal Procedure Law lists four types of circumstances for bail; Article 81 lists the specific circumstances of social dangerousness that warrant arrest from a negative perspective, and the applicant should exclude them one by one when applying; Article 3 of the "Regulations on Several Issues Concerning Bail Pending Trial" implemented in 2022 clearly stipulates that criminal suspects and defendants who can be prevented from causing social dangerousness by taking bail pending trial shall be applied for bail in accordance with the law. Practical suggestions: First, seize the golden window period of 37 days after criminal detention and submit a written application and legal opinion as soon as possible; Second, organize supporting materials such as fixed residence, proof of employment, medical records, repayment certificates, and letters of understanding; Third, clarify the arrangements for guarantors or bail, and promise to appear when summoned; Fourth, fully describe the circumstances of admitting guilt, accepting punishment, and confessing, which will result in a greater degree of leniency in the investigation stage; Fifth, if the application is rejected, the applicant can supplement the materials and apply again or apply for a review of the necessity of detention. For more procedural issues, please refer to the relevant provisions.Specialised legal services.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law FirmShang JiangpengThe attorney (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent. Henglue Law Firm reminds you that obtaining bail does not depend on pleading for mercy, but on providing convincing evidence. It is much more effective to organize evidence along three lines: the threshold of criminalization, subjective knowledge, and social dangerousness, than repeatedly submitting petitions full of personal appeals. Family members should hire a lawyer as soon as possible to attend the interrogation stage and seize the opportunity. After obtaining bail, it is essential to abide by the regulations and attend the court when summoned. Violating the rules will result in the forfeiture of the bail and possible re-detention.

Q1: Does being granted bail pending trial mean that I'm in the clear?

No. Bail pending trial is just a change in criminal coercive measures. It allows the defendant to return to society while awaiting the handling of the case. The case itself is still under processing, and the defendant may still face investigation, review and prosecution, and trial in the future. Whether the defendant constitutes a crime and how to determine the sentence will be determined by the final judgment. The phased value of bail lies in restoring personal freedom, facilitating cooperation with defense preparation, and having a greater chance of obtaining results such as non-prosecution and probation while not being detained. Therefore, after successfully obtaining bail, the defendant should still retain a lawyer to follow up continuously. They should not think that obtaining the bail decision means they can rest easy, and they must not violate the bail regulations, which may lead to the revocation of the measures and re-detention.

Q2: How much bail money do I need to pay to apply for bail?

For bail pending trial, the defendant must choose either a guarantor or a security deposit, and the two cannot be used concurrently (Article 68 of the Criminal Procedure Law). If a security deposit is chosen, the minimum amount is 1,000 yuan, and the specific amount shall be determined by the case-handling organ based on the social dangerousness of the suspect, the circumstances of the case, and the suspect's financial situation. If the defendant complies with the regulations during the bail period, the deposit will be refunded upon expiration. If a guarantor is chosen, the guarantor must have no connection with the case, be capable of fulfilling the obligation of guarantee, enjoy political rights, and not be subject to any restriction of personal freedom. The guarantor must sign a guarantee letter and supervise the defendant to comply with the regulations. If the defendant is financially disadvantaged or temporarily unable to find a suitable guarantor, he/she may communicate with the case-handling organ to determine a feasible solution with the assistance of a lawyer.

Q3: Will I still be sentenced to prison after being released on bail pending trial?

There is no necessary connection between bail and the outcome of the judgment. Whether a person will be sentenced to prison depends on whether their actions constitute a crime and the severity of the circumstances. In practice, for bail cases with low social danger and relatively minor circumstances, the proportion of subsequent probation or light sentencing is indeed higher. Some cases may even receive a non-prosecution decision at the review and prosecution stage due to the minor nature of the circumstances. However, if the evidence shows that the crime is serious, the person may still be sentenced to actual imprisonment after being granted bail. During the bail period, the defendant should actively cooperate with their lawyer by supplementing the compensation for losses, seeking understanding from the victim, consolidating mitigating circumstances, and preparing defense materials, so as to turn the freedom granted by bail into a favorable outcome in terms of the merits of the case, rather than passively waiting for the case to be handled.

Q4: How long can bail pending trial last at most?

According to Article 79 of the Criminal Procedure Law, the maximum duration of bail pending trial shall not exceed twelve months, and the maximum duration of residential surveillance shall not exceed six months. Moreover, the investigation, prosecution, and trial of the case shall not be interrupted during this period. Twelve months is the overall time limit. During this period, the case-handling organ shall continue to advance the procedures: concluding the investigation and transferring the case for examination and prosecution, initiating public prosecution or withdrawing the case according to law, and making a decision of non-prosecution. If the bail period expires or it is found that criminal responsibility should not be imposed, the bail shall be lifted in a timely manner and the person under bail and relevant units shall be notified. If the case remains unresolved after the expiration of the time limit, the parties concerned, their legal representatives, close relatives, or defense attorneys have the right to request the lifting of the compulsory measures and to claim corresponding rights from the case-handling organ.

Q5: If the application for bail is rejected, can I apply again?

Yes. A single rejection does not mean the end of the process. There are still multiple avenues to pursue: 1. Submit the application again based on changes in the case evidence (e.g., recovery of losses, obtaining a reconciliation agreement, or signing a plea agreement). 2. After being approved for arrest, apply to the procuratorate for a review of the necessity of detention pursuant to Article 95 of the Criminal Procedure Law. If the review concludes that continued detention is unnecessary, the procuratorate should recommend release or change the coercive measures. 3. Submit a new application to the new case-handling authority when the case enters a new phase (e.g., transfer for examination and prosecution, or initiation of public prosecution). When resubmitting the application, it is essential to strengthen the previous argument, particularly evidence demonstrating the absence of social danger, rather than simply repeating the original application. Applications supported by new materials have a significantly higher success rate.

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