[Direct answer]There is no unified "approval period" for bail pending trial: According to Article 97 of the Criminal Procedure Law (amended and implemented on October 26, 2018), the case-handling organ shall make a decision within three days after receiving the application for changing the compulsory measures; in practice, from submitting the application to obtaining the decision letter, it takes a few days at best, and most cases will have a clear result within 10 to 30 days. The most favorable window is the golden 37 days after criminal detention - according to Article 91, after detention, the application for approval of arrest shall generally be submitted within three days, and for cases involving fugitives, repeated offenses, or gang crimes, it may be extended to 30 days. The procuratorate shall review and decide within seven days. In a case of spreading obscene materials handled by Henglue Law Firm, the client was granted bail about 25 days after being detained. It is recommended that after being detained, the client immediately entrust a lawyer to submit a written application and legal opinion, and can first go through the formalities of applying for bail through legal means.Criminal defense and legal services for criminal case filingAndBeijing Henglue Law FirmUnderstand the key points of the application process.

I. Problem Background and Typical Scenarios

After a family member is detained criminally, the most pressing question for the family is "when will the person be released?". Bail pending trial is a change of coercive measures rather than a dismissal of the case. It allows the suspect to go home and await further processing during the investigation and prosecution, and is also the first step in opening up the situation for defense work. Typical scenarios include: migrant workers being detained in a different city, with the family having no idea about the progress of the case; the detention notice only lists the charges, without knowing who to apply to or when to apply; hearing about the "golden 37 days" but not understanding what to do at each stage; and not knowing whether they can make further efforts after being verbally rejected the first time. The timing of the application, the quality of the materials, and the direction of the argument all determine whether the bail can be approved and the speed of its approval.

II. Key points of contention

  • Application timing: Applying immediately after being detained in criminal custody or waiting for the approval of arrest warrants each have their own advantages and disadvantages. Only applications with high-quality materials and comprehensive arguments are likely to be approved within the three-day response period. Submitting applications hastily may instead waste opportunities.
  • Conditional argument: In accordance with the four circumstances set forth in Article 67 of the Criminal Procedure Law, the core issue is the absence of social dangerousness—the possibility of reoffending, the harm to the victim, collusion to destroy evidence, retaliation, and the possibility of escape must all be ruled out one by one. Additionally, factors such as being a first-time offender, admitting guilt and accepting the punishment, family and health circumstances must also be comprehensively considered and explained.
  • Guarantee and supervision: Choosing a guarantor or a deposit, and determining the amount. After being granted bail, the defendant must abide by the rules such as not leaving the city or county where they live without approval, and appearing in court promptly when summoned. Violation of these rules will result in the forfeiture of the deposit and the defendant's return to custody.

III. Professional analysis by Henglue Lawyers

Take the case of Cao * who was detained for the crime of disseminating obscene materials handled by Henglue Law Firm as an example. In May 2026, Cao * reposted and distributed three obscene video files on a forum. He was detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials and was held at the Haidian Detention Center. The three posts had a total of about 5,000 views and 1,000 downloads. Cao * did not profit from it and his motive was only to obtain forum points. He confessed truthfully during the first interrogation after being summoned, and was a first-time offender who acted alone, voluntarily admitting his guilt and accepting punishment. His family immediately entrusted Shang Jiangpeng, a lawyer from Beijing Henglue Law Firm, to handle the case. There were two disputes in the case: first, whether the number of non-profit-making videos disseminated reached the threshold for criminal prosecution - according to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Specific Application of Laws in Handling Criminal Cases Involving the Production, Reproduction, Publication, and Sale of Obscene Electronic Information via the Internet, Mobile Communication Terminals, and Voice Information Stations" (effective from September 6, 2004), disseminating obscene video files without profit-making purposes requires more than 40 files to be convicted and punished. In this case, there were only three files, less than one-tenth of the statutory number, and the viewing and downloading quantities could not replace the quantity threshold; second, whether there was a social danger justifying continued detention. The prosecution authorities focused on the number of videos, the scale of dissemination, and social impact. Shang Jiangpeng immediately went to the detention center to meet with Cao * and verify the number of posts, motives, and appearance process, then submitted a "Legal Opinion on Bail Pending Trial" to the Haidian Branch, arguing from four aspects: the number far below the threshold for criminal prosecution, not considered a crime according to law; confessing truthfully after being summoned constituted voluntary surrender, combined with pleading guilty and accepting punishment during the investigation stage, which could lead to lenient punishment according to law; no collusion in evidence, no escape, no possibility of recidivism; and combining with the criminal justice policy of "sparing arrests, prosecutions, and detention" to argue that there was no necessity for detention. On June 24, 2026, the Haidian Branch issued a decision on bail pending trial in accordance with Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, determining that bail pending trial would not lead to social danger, and the client regained his freedom about 25 days after criminal detention. This case shows that the dual-line argument of meeting the threshold for criminal prosecution and proving the absence of social danger is the key to quickly obtaining bail approval.

IV. Practical suggestions and legal basis

At the legal basis level: Article 67 of the Criminal Procedure Law (amended and implemented on October 26, 2018) stipulates four statutory circumstances for bail pending trial; Article 68 stipulates that bail should be proposed by a guarantor or by paying a deposit; Article 79 clearly stipulates that the maximum duration of bail pending trial shall not exceed twelve months; Article 91 determines the time limit for applying for arrest and reviewing the arrest after criminal detention, that is, generally within three days for application, which can be extended for one to four days, and for those who commit crimes in a mobile manner, repeatedly commit crimes, or commit crimes in groups, it can be extended to 30 days. The procuratorate shall make a decision on whether to approve the arrest within seven days, which is the source of the "golden 37-day period"; Article 95 grants the arrested person the right to apply for a review of the necessity of detention; Article 97 stipulates that the suspect, the defendant, their legal representatives, close relatives, or defense attorneys have the right to apply for a change of compulsory measures, and the case-handling organ shall make a decision within three days after receiving the application. Practical suggestions: After being detained, immediately entrust a lawyer to meet with the suspect to verify the case facts and the process of appearing in court; simultaneously prepare a written application for bail accompanied by a legal opinion, and provide evidence item by item to prove that there is no social danger; advance the preparation of a guarantor or a deposit; continuously follow up before and after the approval of the arrest, and promptly transfer to the review of the necessity of detention if the arrest is approved. For related procedural issues, you can consultCriminal defense and legal services for criminal case filingConsultation and assessment.

5. Henglue Law Firm's Reminder

The approval of bail pending trial does not mean the case is over. The investigation, prosecution, and trial will still continue. Whether the defendant will be charged with a crime and how the sentence will be determined will be decided in subsequent procedures. If the defendant leaves the city or county where he/she lives without approval during the bail period, fails to appear when summoned, or interferes with witnesses, the bail will be revoked and the defendant will be detained again. For family members, the most taboo thing is to "wait and see". Once the golden 37 days after criminal detention are missed, it will be much more difficult to secure bail after the approval of arrest. The earlier the meeting is held and the more targeted legal advice is provided, the faster the bail will be approved and the greater the chances of success will be. If your family member is currently being detained in criminal custody, it is recommended to seek legal help immediately.Beijing Henglu Law FirmContact a criminal lawyer to evaluate the bail plan and seize the opportunity to apply for bail.

Q1: What are the requirements to be granted bail pending trial?

According to Article 67 of the Criminal Procedure Law, bail may be granted in one of the following four circumstances: 1. The defendant is likely to be sentenced to control, detention, or an additional punishment applied independently. 2. The defendant is likely to be sentenced to fixed-term imprisonment or a heavier punishment, and the adoption of bail pending trial will not pose a danger to society. 3. The defendant suffers from a serious illness, is unable to care for themselves, is pregnant, or is breastfeeding their own child. 4. The detention period has expired, but the case has not been concluded. In practice, the second circumstance is most commonly cited. To demonstrate the absence of a danger to society, it is necessary to exclude the possibility of reoffending, causing harm, colluding with co-defendants, retaliating against others, or fleeing, and to combine this with the defendant's status as a first-time offender, their admission of guilt and acceptance of the prosecution's offer, their family circumstances, and the conditions of the bail. It is advisable to have a lawyer submit a written legal opinion to support this argument.

Q2: How long will it take to get the result after applying for bail pending trial?

According to Article 97 of the Criminal Procedure Law, the case-handling organ shall make a decision within three days after receiving the application for changing the compulsory measures; in practice, it takes a few days from submitting the application to obtaining the decision letter, and the result is clear in most cases within 10 to 30 days. The progress highly depends on the stage: after criminal detention, the application for arrest is generally submitted within three days, and the maximum extension period is 30 days. The procuratorate reviews and decides within seven days, so the golden 37 days after criminal detention are the application window. In a case of spreading obscene materials handled by Henglue Law Firm, after the lawyer submitted the legal opinion on bail pending trial, the client was granted bail by the case-handling organ about 25 days after criminal detention.

Q3: How much do I need to pay for bail pending trial?

There are two ways to provide a guarantee: either by providing a qualified guarantor or by paying a deposit. According to Article 68 of the Criminal Procedure Law, the amount of the deposit shall be determined by the deciding organ based on comprehensive consideration of ensuring the normal progress of the litigation, the social dangerousness of the person subject to bail, the nature of the case, and his/her economic conditions, etc. The starting point of the deposit is 1,000 yuan (see the "Regulations on Several Issues Concerning Bail Pending Trial" issued in September 2022), and it must be deposited into a special account in one go. Those who are unable to pay the deposit may seek a guarantor to guarantee for them. The guarantor must have no connection with the case and be capable of fulfilling the obligation of guarantee. If the person subject to bail complies with the regulations during the bail period and no violations occur, the deposit shall be refunded after the case is concluded.

Q4: Is everything okay after successfully obtaining bail pending trial?

No. Bail is just a change in the coercive measures. The investigation, prosecution, and trial will still continue. According to Article 79 of the Criminal Procedure Law, the maximum period of bail pending trial shall not exceed twelve months. If the case is not concluded by the end of the period, the coercive measures will be lifted or changed. The person under bail shall not leave the city or county where he/she resides without authorization, and shall appear in court promptly when summoned. Violating the rules may result in the confiscation of the bail and re-detention. Whether the defendant ultimately constitutes a crime and whether he/she will be sentenced to prison will be determined by subsequent procedures. Cases under bail after non-approval of arrest may still be prosecuted. During this period, the defendant should cooperate with the lawyer to continue to defend his/her innocence or plead for a light sentence, keep his/her contact information accessible, and appear in court promptly when summoned.

Q5: What should I do if my application for bail pending trial is rejected?

You can continue to strive for it. Being rejected once is not the end: you can apply again based on the progress of the case and supplement new facts and evidence; after being arrested, you can apply to the People's Procuratorate for a review of the necessity of detention according to Article 95 of the Criminal Procedure Law. If it is determined that there is no need for continued detention after the review, the procuratorate shall recommend release or change the coercive measures; the defense attorney can also file a change application again according to Article 97 and respond to the reasons for rejection one by one. The key to improving the success rate is to strengthen the evidence of no social danger, such as fixed address, guarantor, medical certificate, repayment voucher, and unit cooperation certificate, etc., to avoid wasting opportunities by simply repeating applications.

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