[Direct answer]After the suspect or defendant is arrested, he or she, his or her legal representative, close relatives, and defense attorneys may apply to the People's Procuratorate for a review of the necessity of detention. According to Article 93 of the Criminal Procedure Law (amended on October 26, 2018), if the procuratorate deems that there is no need to continue detention after the review, it shall recommend the case-handling organ to release the suspect or defendant or change the coercive measures. The relevant organ shall notify the procuratorate of the handling situation within ten days. The application shall be submitted in writing and accompanied by evidence materials showing that the social danger has been reduced, such as medical diagnosis, compensation and reconciliation agreements, and plea and sentencing documents. It can be submitted throughCriminal defense and legal services for criminal case filingOrBeijing Henglu Law FirmDevelop an application plan.

1. Problem background and typical scenarios

After the criminal detention is converted into approval for arrest, it is the most agonizing period for families. Most applications for bail pending trial are submitted before the arrest. Once the arrest is approved, many people believe that "once arrested, they can only be detained until sentenced". In fact, the law still provides a remedy - the review of the necessity of detention. Common application scenarios include: first-time offenders of minor crimes; the facts and evidence of the case have been basically investigated and fixed; the parties have compensated each other and resolved the conflict; the detainee suffers from a serious illness and the detention conditions in the detention center are not conducive to treatment; the detention of the enterprise operator leads to the suspension of the company's operations and the non-payment of employees' wages; and cases where the social danger has been significantly reduced after the detainee pleads guilty and accepts the punishment. Many families do not know about this procedure, or their materials are ignored after being submitted, missing the opportunity to seek a change in the coercive measures.

II. Key points of dispute

  • Initiation and acceptance: The application should be submitted to the procuratorate handling the case. Applications with incomplete materials or vague reasons are likely to be rejected without being reviewed; under the integrated arrest and prosecution mechanism, the application will be reviewed by the arrest and prosecution department, and the quality of the reasoning in the application directly determines whether the case will enter the substantive review stage.
  • Review criteria: The core issue is whether there have been any substantial changes in the social danger compared with the time of approval of arrest. Factors such as admitting guilt and accepting punishment, resolving conflicts, serious illness, and the completion of evidence collection are all taken into account. It's difficult to gain support simply by repeating the reasons given before the arrest.
  • Implementation of the proposal: After the procuratorate proposes to release or change the measures, the case-handling organ shall give feedback within ten days; if the proposal is not adopted, the choice of relief path and the node of re-application are the most confusing parts for families.

III. Professional analysis by Henglue Law Firm

The experience of Henglue Law Firm in handling applications for review of the necessity of detention is that success or failure hinges on the word "change" — it is necessary to prove that the necessity of continued detention has been substantially reduced compared with the time of approval of arrest. Applicants should organize materials around five dimensions: the performance of admitting guilt and accepting punishment and giving truthful statements, the implementation of compensation and reconciliation, the diagnosis of serious diseases and the health risks of detention, the stability factors such as first-time offenders, occasional offenders, and fixed residences and occupations, and whether the evidence of the case has been clarified and fixed. In terms of time points, an application can be submitted immediately after arrest, but the probability of obtaining support after the case is transferred for review and prosecution and the facts and evidence are basically clarified is significantly higher. If the application is not accepted for review the first time or no change is recommended after review, there is no need to give up and the applicant can submit the application again after the litigation stage. Enterprise operators should also explain the impact of detention on the operation of the enterprise, the employment of workers, and the performance of contracts with upstream and downstream enterprises. In recent years, judicial policies have emphasized the equal protection of private enterprises according to law, and such reasons carry practical weight in individual cases. After the application is accepted, applicants should simultaneously prepare guarantors or bail money for bail, seamlessly connecting with the change of compulsory measures according to Article 67 of the Criminal Procedure Law; for cases involving the disposal of enterprise operations, applicants can cooperate with relevant departments.Business and contract dispute services for enterprisesThe team collaborated to assess the impact and explain it to the case-handling authorities.

IV. Practical suggestions and legal basis

Legal basis: Article 93 of the Criminal Procedure Law (amended on October 26, 2018) establishes a system of reviewing the necessity of detention after arrest. The procuratorate shall review the necessity of detention and, if detention is no longer necessary, shall recommend release or change of coercive measures. The relevant authorities shall provide feedback within ten days. Article 67 stipulates the statutory conditions for bail pending trial, including cases where the suspect may be sentenced to imprisonment or a heavier punishment but the adoption of bail will not cause social danger; women who are suffering from serious diseases and cannot take care of themselves; pregnant women or women who are breastfeeding their own infants; and cases where the detention period has expired but the investigation has not been completed. Article 91 stipulates the time limit for applying for approval of arrest after criminal detention, which is generally within three days, and may be extended by one to four days. For major suspects who commit crimes in a mobile manner, repeatedly commit crimes, or commit crimes in gangs, the time limit may be extended to 30 days. The procuratorate shall make a decision on whether to approve the arrest within seven days. Practical suggestions: Submit the application in the form of a written application with evidence attachments, corresponding to each item of social danger; retain the submission receipt and regularly follow up on the progress of the review; if the application is not changed, apply again at the stages of case transfer for review and prosecution, court hearings, etc., and continue to defend against sentencing circumstances to pave the way for a probation or light punishment judgment. For complex case materials, it is recommended to seek professional legal assistance.Special services and other case servicesThe team coordinated the documents and communication pace for the two cases.

5. Henglu Law Firm's Advice

The review of the necessity of detention is not a "second application for bail". Its core logic is dynamic assessment: if the situation changes after the approval of the arrest warrant — the person changes (admits guilt and accepts the punishment, makes compensation and reaches a settlement), the person's condition changes (is diagnosed with a serious illness), or the case changes (the evidence has been fixed) — then the review will have a basis. The authenticity of the application materials is the bottom line. Forging diagnosis certificates or concealing criminal records will directly lead to the failure of the review and worsen the situation. Families should submit materials in a standardized manner through lawyers and follow up continuously to avoid repeated self-submissions that go unnoticed. Even if the application is not supported, they should keep all the correspondence documents as a basis for reapplying at the next stage. It is recommended to determine the schedule for the review application as soon as possible after the approval of the arrest warrant, and arrange the application timing for each stage of the investigation and review of the prosecution in advance.

Q1: Is the success rate of applications for a review of the necessity of detention high?

There is no standard probability, and the success or failure of the application depends on the extent of changes in social riskiness. For cases where compensation and understanding have been reached, the defendant has pleaded guilty and accepted the punishment, the defendant has been diagnosed with a serious illness, or the evidence has been fixed and the defendant is a first-time offender of a minor crime, the likelihood of success is higher. For applications with no new changes compared to the time of approval of arrest, it is often difficult to even pass the case filing review. To improve the success rate, it is advisable to first conduct a physical examination-style evaluation - comparing the bail conditions in Article 67 with the review points in Article 93 item by item to identify changes. Once the changes are fully identified, the application can be submitted. A solid application is far better than multiple repeated submissions. Submitting incomplete materials repeatedly will also consume the attention of the case-handling authority to the case.

Q2: What materials do I need to prepare for the application?

The basic materials include the application for a review of the necessity of detention, which should state the applicant's identity, their relationship with the defendant, the stage of the case, and the reasons for the application; the evidence appendices should be prepared according to the reasons: medical diagnosis certificates and detention center visit records, compensation agreements and letters of understanding, confessions of guilt and punishment, or materials showing remorse, social stability proofs such as labor contracts and social security records, etc. All materials should highlight the "changes compared with those at the time of approval of arrest", and be numbered according to the elements of social dangerousness. Those submitted by defense attorneys should also include the authorization procedures; it is recommended to submit the materials through the formal acceptance channels of the prosecution office and request a receipt.

Q3: How much does it cost to apply for a review of the necessity of detention?

Applying to the procuratorate does not incur any fees itself, as it is a statutory remedy procedure for parties involved. The main expenses arise during the process of hiring a lawyer: drafting the application, organizing evidence, meeting to verify the situation, and following up on the progress of the review. The service fees are determined through negotiation based on the workload, which is usually much lower than the full defense cost of the case. Some law firms also include these services in their defense services. Families should be vigilant against fee-charging promises under the guise of "rescuing the detainee" or "guaranteeing their release". There is no guarantee that the review of the necessity of detention will yield a positive result. Any suggestion of having special connections with case handlers is suspected of being illegal. Before making payments, it is essential to verify the service content and sign a written contract.

Q4: How long will it take to get the results after submitting the application?

The procedural nodes have clear deadlines: If the procuratorate, after review, considers that there is no need to continue detention, it shall submit suggestions for release or modification of coercive measures to the case-handling organ. The case-handling organ shall notify the procuratorate of the handling situation within ten days. The length of time for the procuratorate to accept and review the case varies depending on the complexity of the case. In practice, there is usually a clear response within one to two months. If there is no response within a reasonable time limit, the defense attorney may inquire about the progress from the accepting department and request a written reply. It should be noted that after the suggestion is accepted, the client will not be automatically released. They still need to go through the procedures of bail pending trial or the formalities of guarantee or deposit. Family members should prepare in advance to avoid any disruptions.

Q5: What can I do if my application is rejected?

You can apply again, but the key is to choose the right node: after the case is transferred for review and prosecution, when the evidence is basically fixed, or when the contradictions are further resolved or new medical conditions arise, these are all favorable timing for reassessment. When applying again, you should provide new facts and materials, rather than repeating the original reasons. At the same time, you can switch paths: apply directly to the case-handling organ for bail pending trial in accordance with Article 67 of the Criminal Procedure Law, or strive for a suspended sentence or a light punishment verdict based on the sentencing circumstances during the trial stage. Being rejected does not mean the end of the process. Keep all previous application and response documents, and progress step by step according to each node. Cooperate with the implementation of plea bargaining and compensation and understanding, and there is still a chance to change the compulsory measures in the subsequent stages.

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·Beijing Henglue Law Firm