[Direct answer]It's possible. Bail pending trial is just a relatively lenient coercive measure to restrict personal freedom, not a conclusion of innocence or exemption from punishment. According to Article 79 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the maximum duration of bail pending trial shall not exceed 12 months. During this period, investigation, prosecution, and trial will proceed as usual. Whether the defendant will be sentenced ultimately depends on the facts of the crime, evidence, and sentencing circumstances. If the person on bail violates the obligations set forth in Article 71, the bail deposit may be confiscated and the defendant may be arrested. Paths to achieving a favorable outcome include seeking non-prosecution according to Article 177, seeking leniency through pleading guilty and accepting punishment according to Article 15, and seeking probation according to Article 72 of the Criminal Law of the People's Republic of China (amended in 1997). It is recommended to hire a lawyer as soon as possible to follow up on the case. For more details, please refer to the following link:Criminal defense and legal services for criminal case filingAndBeijing Henglue Law Firm.

I. Problem background and typical scenarios

After completing the bail procedures and leaving the detention center, many parties involved often wonder, "Is everything okay now?" and their families often stop inquiring about the case afterward. In practice, the outcomes after bail are diverse: some are released from bail within 12 months, have their cases dismissed, or are not prosecuted; some continue to be prosecuted, only to find at the trial that the evidence has been fixed and many defense points have been lost; and some are re-detained for reasons such as leaving the city or county of residence without approval, failing to report a change in phone number, or failing to appear for questioning. Understanding the legal nature of bail and the obligations during the bail period is a prerequisite for determining subsequent strategies: obtaining bail grants relative freedom and defense space, rather than marking the end of the case. The subsequent 12-month period is precisely a critical window for securing a non-prosecution or probation outcome.

II. Key points of contention

  • Misunderstanding the nature of bail: Bail pending trial corresponds to the function of litigation protection, which is not necessarily related to whether the defendant is guilty or not. Moreover, the 12-month time limit stipulated in Article 79 does not mean that the case will be automatically closed once the time limit has passed.
  • Obligations during the probation period and the risk of being taken into custody: Violations of Article 71, such as leaving the city or county of residence without approval, failing to report changes in address or employment, interfering with witnesses, and failing to appear in court when summoned, are the most common triggers for re-detention.
  • The subsequent efforts to achieve favorable outcomes: For cases with relatively minor circumstances, we will strive to have the case withdrawn or to obtain a statutory non-prosecution decision in accordance with Article 16. For eligible cases, we will seek a discretionary non-prosecution decision, leniency through guilty pleas and sentencing, and probation. These efforts require solid evidence and effective communication strategies to support them.

III. Professional analysis by Henglue Law Firm

The success of bail depends on the quality of the argumentation regarding the threshold for criminal liability and social danger. A case handled by Henglue Law Firm serves as a model. In May 2026, C* was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials after reposting three obscene video files on a forum. He was detained at Haidian Detention Center. The related posts were viewed approximately 5,000 times and downloaded about 1,000 times. C* did not profit from this activity; his motivation was solely to gain forum points. His family entrusted Shang Jiangpeng, a lawyer from Beijing Henglue Law Firm, to intervene. After the lawyer's meeting, he verified the number of posts, their content, C*'s motives, and his appearance at the police station. He confirmed that C* was a first-time offender who truthfully confessed and voluntarily pleaded guilty after being summoned. The lawyer then submitted a "Legal Opinion on Bail Pending Trial" to the Haidian Branch, arguing from four perspectives: First, according to Article 2 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law 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 September 6, 2004), only those who disseminate obscene video files for profit and exceed 40 files will be convicted. In this case, there were only three files, less than one-tenth of the threshold. Viewing and downloading counts cannot substitute for the quantity threshold, so C* should not be considered a criminal. Second, his appearance at the police station and truthful confession constitute voluntary surrender, which can lead to lenient punishment according to the law. Third, the leniency for confessing and pleading guilty is greater during the investigation stage. Fourth, C* is unlikely to commit new crimes and has no risk of colluding with others or escaping. All social dangers have been ruled out, so there is no need for continued detention. On June 24, 2026, the Haidian Branch issued a bail decision in accordance with Article 67(1)(2) of the Criminal Procedure Law, and C* regained his freedom about a month after his detention. This case shows that the outcome of bail still depends on continuous argumentation regarding the constitutive elements and social danger. In subsequent stages, efforts should continue to secure non-prosecution or lenient treatment.

IV. Practical suggestions and legal basis

At the legal basis level: Article 67 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) stipulates the conditions and guarantee methods for bail pending trial; Article 68 clearly proposes the guarantee forms of a guarantor or the payment of a deposit; Article 71 lists the obligations of the person released on bail, and if they violate these obligations, the deposit may be confiscated, they may be ordered to make a written apology, pay a new deposit, provide a guarantor, or be placed under residential surveillance, and may be arrested; Article 79 stipulates that the maximum bail period is 12 months, and the investigation, prosecution, and trial of the case shall not be interrupted; Article 177 stipulates the application of non-prosecution. According to Article 72 of the Criminal Law of the People's Republic of China (amended in 1997), if a person may be sentenced to fixed-term imprisonment of not more than three years, the circumstances of the crime are relatively minor, they have shown remorse, there is no danger of reoffending, and they have no significant adverse impact on the community where they live, they may be given a suspended sentence. At the practical advice level: During the bail period, strictly comply with the obligations of reporting and appearing in court, and promptly report any changes in address, work, or contact information; continue to fix the circumstances of being a first-time offender, returning the illicit proceeds, making compensation and reaching a settlement, etc., as arranged by the lawyer; actively communicate with the prosecutor about the sentencing proposal during the review and prosecution stage to create conditions for a suspended sentence or non-prosecution; during the bail period, ensure compliance with the rules and procedures, and can do so through the following methods:Criminal defense and legal services for criminal case filingObtain a targeted assessment and never relax your efforts just because you have temporarily regained your freedom.

5. Henglu Law Firm's Reminder

Bail pending trial addresses the issue of "whether to detain" rather than "whether to convict"; every interrogation, piece of evidence, and negotiation session over the next 12 months will shape the final outcome. The aforementioned case is handled by Beijing Henglu Law Firm.Shang Jiang PengThe lawyer (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acted on behalf of the client. By demonstrating both the threshold of criminality and the social dangerousness, the lawyer successfully secured bail for the client, laying a foundation for subsequent efforts to secure a non-prosecution or lenient punishment. If you or your family are currently on bail, it is recommended to regularly review the progress of the case with the lawyer, fulfill reporting obligations on time, and transform this valuable window of freedom into defense outcomes.

Q1: What is the maximum duration of bail pending trial? What will happen when it expires?

According to Article 79 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the maximum duration of bail pending trial shall not exceed 12 months, and the case shall be dealt with before the expiration of the time limit: either the bail shall be lifted, the case shall be withdrawn, or the compulsory measures shall be changed and the case shall be transferred for prosecution. During the bail period, the investigation, prosecution, and trial shall not be interrupted. Therefore, "no one will care about you after you are released on bail" is usually just a matter of the pace of the case. The parties concerned should actively consult a lawyer to understand the progress of the case. If the case is still not dealt with after the expiration of the time limit, they may request the lifting of bail and demand legal documents in accordance with Article 79 to avoid their status being in a state of uncertainty for a long time.

Q2: What actions during the bail period will result in the person being remanded into custody again?

There are four categories of high-frequency violations: leaving the city or county of residence without approval; failing to report changes in address, workplace, and contact information within 24 hours; failing to appear in court when summoned; and interfering with witness testimony or destroying/forging evidence or colluding with others. According to Article 71, those who violate their obligations may have their bail confiscated in part or in full, be ordered to make a statement of repentance, re-deposit the bail, or provide a guarantor, and even be subject to residential surveillance and arrest. Obtaining bail does not mean that freedom will return to normal. For any travel, relocation, or employment changes, it is recommended to first report to the executing authority or consult a lawyer. A single violation may nullify the results of previous defense efforts.

Q3: Is there a high chance of being sentenced to probation after being granted bail?

There is no necessary correspondence between bail and probation, but there is indeed a positive correlation: being granted bail often indicates a lower social danger and better repentance, which overlaps with some of the conditions of probation. According to Article 72 of the Criminal Law of the People's Republic of China (amended in 1997), if a person is sentenced to fixed-term imprisonment of not more than three years, the circumstances of the crime are relatively minor, he/she shows repentance, there is no danger of reoffending, and the announcement of probation will not have a significant adverse impact on the community where he/she lives, he/she may be granted probation. Whether probation can be obtained depends on the fixation of evidence and the negotiation of sentencing: circumstances such as returning the illegal proceeds and compensation, reaching a compensation agreement, and pleading guilty and accepting the punishment should be completed in the stage of review and prosecution, and lawyers and prosecutors should communicate fully about the sentencing proposals.

Q4: If the procuratorate decides not to prosecute, does that mean the case is over?

Basically, according to Article 177 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), if the criminal suspect has no criminal facts or meets the circumstances stipulated in Article 16 (such as the circumstances are obviously minor and the harm is not great, so he/she is not considered to have committed a crime), the procuratorate shall make a decision not to prosecute; if the criminal circumstances are minor and do not require punishment or exemption from punishment according to the provisions of the Criminal Law, the procuratorate may make a decision not to prosecute. After the decision not to prosecute is made, the detained person shall be immediately released, and the measures of bail shall be lifted. The case shall be terminated at the public prosecution stage. The circumstances such as voluntary surrender, confession, compensation for losses, and first-time offenses that have been obtained beforehand are the core materials for the argument of not prosecuting.

Q5: How much does it cost to apply for bail pending trial?

There are two guarantee methods to choose from: providing a guarantor or paying a deposit. According to Article 68 of the Criminal Procedure Law and related provisions, the starting amount of the deposit is 1,000 yuan. The specific amount is determined based on the needs of ensuring the normal progress of the litigation, the social danger of the person subject to bail, the severity of the possible sentence, and their financial situation. If the person complies with the obligations during the bail period, the full amount of the deposit will be refunded after the period expires. In addition to the guarantee, the main expenses are attorney's fees, which are charged by law firms based on the stage of the case and the amount of work. It is necessary to be vigilant against fee-charging scams under the guise of "using connections to bail people out" and "guaranteeing bail and passing the case". A formal entrustment should have a written contract and invoice, and the fees should be specified item by item at the time of signing the contract.

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