[Direct answer]Yes. The procuratorate's approval of arrest is just a change of coercive measures, not equivalent to the outcome of the case. After the approval of arrest, there are still two paths to strive for bail: First, according to Article 95 of the Criminal Procedure Law of the People's Republic of China, apply for a review of the necessity of detention, and the procuratorial organ shall, after reviewing it, propose to the case-handling organ to release the suspect or change the coercive measures; Second, according to the conditions for bail set forth in Article 67, on the grounds that the suspect will not cause social danger, is a first-time offender or occasional offender, actively compensates for the victim and obtains their forgiveness, suffers from a disease requiring continuous treatment, has a fixed residence and a guarantor, etc., continue to apply to the case-handling organ for bail pending trial. Henglue Law Firm handled the case of Zhou *'s provoking trouble, in which Zhou * successfully changed the coercive measures to bail pending trial after the approval of arrest through a review of the necessity of detention. Family members should entrust lawyers to organize materials as soon as possible after the approval of arrest, and can do so through the following methods:Criminal defense and legal services for criminal case filingConsultation.

I. Problem Background and Typical Scenarios

During the golden 37-day period (30 days of detention plus 7 days for review and approval of arrest by the procuratorate) of a criminal case, if the defendant fails to obtain bail and is approved for arrest by the procuratorate, family members often fall into pessimism, believing that "the approval of arrest means the case is settled, and they can only wait for the sentencing". This is the most common misconception: the approval of arrest solves the procedural issue of whether to continue detention during the investigation, but the final outcome still depends on the evidence and circumstances, and the detention status itself is not unshakable. Typical scenarios include: hiring a lawyer hastily before the approval of arrest without doing substantive work, giving up after the family's application for bail is rejected, health risks arising during detention due to the defendant's illness, and reaching a compensation and understanding agreement after the approval of arrest. The first month after the approval of arrest is precisely the window period for reorganizing bail materials.

II. Key points of dispute

  • How to meet the threshold for bail after approval of arrest: At the time of approval of arrest, the case-handling organ has already determined the existence of social dangerousness. Subsequently, the applicant must present new facts and reasons, such as the compensation agreement reached after approval of arrest, new evidence of illness, and progress in which the facts have been basically clarified and the evidence has been fixed. It's hard to succeed by repeating old reasons.
  • Who initiates and submits the review of the necessity of detention? Defence lawyers, the parties and their legal representatives, or close relatives can all apply for it. Usually, the application is submitted to the people's procuratorate that approved the arrest or the corresponding case-handling organ, together with a written application and supporting materials.
  • The expected outcome after bail is granted: Bail pending trial only means that the defendant is not in custody, but it does not mean that they are innocent or have received a probationary sentence. Family members should simultaneously evaluate the substantive circumstances such as admitting guilt and accepting the punishment, making restitution, and reaching a settlement with the victim, and regard bail as an intermediate goal towards obtaining a non-prosecution or probationary sentence, rather than the final goal.

III. Professional analysis by Henglue Lawyers

The Zhou * case handled by Henglue Law Firm is a typical example of successfully obtaining bail after being approved for arrest: Zhou * was arrested on suspicion of causing a disturbance on July 23, 2024, and was approved for arrest by the People's Procuratorate on August 7 of the same year, and was detained in a detention center in Beijing. After taking over the case, the lawyer met with the client and fully understood the case situation as soon as possible, and then submitted an application for review of the necessity of detention to the procuratorial organ, arguing from six aspects: taking bail pending trial will not cause social danger to Zhou *; his poor physical condition meets the humanitarian spirit implied in criminal law; Zhou * is willing to actively compensate the injured police officers for their economic losses, has always behaved well and has no illegal or disorderly behavior; he owns a house in the city and can provide a guarantor or a deposit, so there is no possibility of escape and he can be summoned at any time; the facts of the case have been basically clarified and the evidence has been collected and fixed; Zhou * has a low subjective malice and is a first-time offender and an occasional offender. After review, the procuratorial organ considered that there was no necessity to continue detention, and finally made a decision to change the compulsory measures to bail pending trial, and Zhou * was released and went home. This case shows that being approved for arrest does not mean that the channel for obtaining bail is closed. The key lies in responding to each judgment factor of social danger with new facts, which can be referred to. 恒略律师承办的周某案件，是批捕后成功取保的典型样本：周某于2024年7月23日因涉嫌寻衅滋事罪被抓获归案，同年8月7日被人民检察院批准逮捕，羁押于北京市某看守所。律师接手后，第一时间会见并全面了解案情，随后向检察机关提交羁押必要性审查申请，从六个方面论证：对周某采取取保候审不会发生社会危险性；其身体状况不佳，取保符合刑事法律蕴含的人道主义精神；周某愿积极赔偿受伤民警的经济损失，一贯表现良好，无违法乱纪行为；其在本市有自有房屋并可提供担保人或保证金，不存在逃跑可能，可随传随到；本案事实基本查清，证据已经收集固定；周某主观恶性较小，系初犯、偶犯。检察机关经审查认为无继续羁押必要，最终作出变更强制措施为取保候审的决定，周某获释回家。该案说明，批捕不等于封死取保通道，关键在于用新事实逐项回应社会危险性的每一项判断要素，可供参考。Personal injury and medical dispute servicesThe approach to handling compensation negotiations.

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 lists the conditions for bail pending trial, including those who may be sentenced to control, detention, or independently apply additional penalties; those who may be sentenced to fixed-term imprisonment or above but the bail will not cause social danger; women who suffer from serious diseases, are unable to take care of themselves, are pregnant or are breastfeeding their own babies; and cases where the detention period has expired but the case has not been concluded yet. Article 95 stipulates that after a criminal suspect or defendant is arrested, the people's procuratorate shall still review the necessity of detention. If it is not necessary to continue detention after the review, the people's procuratorate shall recommend release or change of coercive measures, and the relevant organs shall notify the people's procuratorate of the handling situation within ten days. The "Regulations on Several Issues Concerning Bail Pending Trial" further clarify the guarantor, bail, and enforcement procedures. At the practical advice level: complete the first meeting and evaluate the application opportunity within two weeks after the approval of arrest; focus on preparing compensation certificates, letters of understanding, medical records and diagnosis certificates, proof of residence and guarantors, and performance certificates issued by units or communities; the application shall state specific statutory reasons rather than general pleas for mercy; and simultaneously promote guilty pleas and compensation, paving the way for subsequent non-prosecution or probation.

5. Henglue Law Firm's Advice

After the arrest, the most important thing for the family to avoid is two things: first, giving up, thinking that the arrest is a foregone conclusion; second, rushing to seek help from all quarters when in a hurry, and being cheated of money or even suspected of breaking the law by believing in "using connections to bail out someone". The review of the necessity of detention is a legally prescribed remedial system. With solid materials such as compensation and understanding, physical reasons, and fixed residences, there is still room for negotiation. After successfully obtaining bail, it is necessary to proceed to the stage of pleading guilty and accepting punishment and negotiating leniency in order to form a complete defense chain. If your family member has already been arrested, it is recommended to seek legal help as soon as possible.Beijing Henglu Law FirmHire a lawyer to meet with the applicant and evaluate the application plan. This case is handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

Q1: What are the requirements to apply for bail pending trial after being approved for arrest by the public security organ?

The core is to respond to the judgment of social dangerousness in Article 67 of the Criminal Procedure Law of the People's Republic of China: it is necessary to prove that the party concerned will not commit new crimes, will not endanger national security and public safety, will not retaliate against the victim, will not collude with others to destroy evidence, and will not escape. Common supporting reasons include: being a first-time offender or a habitual offender who has consistently behaved well; having compensated the victim for the losses and obtained their forgiveness; suffering from a serious illness requiring continuous treatment; having a fixed residence in the city and family members who can provide a guarantor or a guarantee deposit; the facts of the case have been basically clarified and the evidence has been collected and fixed, so there is limited significance in continuing detention. After applying for approval of arrest, the applicant should submit new facts that have emerged after the approval of arrest. Simply repeating old reasons is not convincing enough.

Q2: Who should apply for and how to apply for the review of the necessity of detention?

The review of the necessity of detention is usually submitted to the people's procuratorate that approved the arrest or the corresponding procuratorial organ. Defense lawyers, the parties and their legal representatives, and close relatives may all apply for it. The application should be submitted in writing, accompanied by evidence such as identity and entrustment materials, medical diagnosis, compensation certificates, letters of understanding, and proof of residence, stating the specific reasons for not needing to continue detention. According to Article 95 of the Criminal Procedure Law of the People's Republic of China, if the procuratorate considers it unnecessary to continue detention after review, it shall recommend release or change the compulsory measures, and the relevant organs shall notify the procuratorate of the handling situation within ten days. After the application, it is necessary to maintain communication with the procuratorial organ and supplement the materials in a timely manner.

Q3: How long after the approval of the arrest warrant is it appropriate to apply for a review of the necessity of detention?

It is recommended to conduct an assessment as soon as possible after the approval of the arrest warrant, and it is generally appropriate to complete the first application within two weeks to one month after the approval of the arrest warrant for the following two reasons: Firstly, the review of the necessity of detention can be continuously applied for, and the earlier it is proposed, the earlier the benefits will be obtained. Every day of detention will have a real impact on the health and family of the parties involved. Secondly, if new facts such as compensation agreements and medical materials can be obtained within a short period after the approval of the arrest warrant, they can constitute a legitimate reason for a review. If the first application is rejected, it should not be given up. Instead, the application can be submitted again when new circumstances arise, such as the conclusion of the compensation agreement, the completion of the investigation, and the deterioration of the health condition. The specific pace should be arranged by the lawyer in combination with the stage of the case and the feedback from the authorities, so as to avoid submitting applications blindly and frequently, which may weaken the persuasiveness of the application.

Q4: After being granted bail pending trial, will I still be sentenced to actual imprisonment?

It's possible. Bail pending trial is just a change to a non-custodial coercive measure. The case will still proceed through the investigation, review and prosecution, and trial procedures. Whether the defendant will be sentenced to imprisonment, actual imprisonment, or probation ultimately depends on the facts, evidence, and circumstances. However, bail usually indicates a low social dangerousness evaluation. If the defendant cooperates with plea bargaining, restitution, apology, or is an accomplice or first-time offender, the chances of obtaining a non-prosecution, probation, or light probation sentence will be significantly higher. During the bail period, the defendant must abide by the following rules: not leaving the city or county where he/she resides without approval, appearing in court promptly when summoned, not interfering with witness testimony or colluding with other defendants. Violating these rules may result in re-detention and affect the overall sentencing evaluation.

Q5: What materials are required to apply for bail pending trial?

The basic materials include: an application for bail pending trial or an application for review of the necessity of detention (specifying the parties' information, case reasons, statutory reasons and grounds); power of attorney procedures (power of attorney, law firm certificate, and copy of the lawyer's practice certificate); and identity materials of the parties and their families. Supporting materials should be prepared according to the claims made: for claims of compensation and reconciliation, attach a compensation agreement, payment receipts, and a letter of reconciliation; for claims of illness, attach a hospital diagnosis certificate, medical records, and a treatment plan; for claims of having a fixed residence and a guarantor, attach real estate or lease certificates, the guarantor's identity, and a statement of willingness to guarantee; and for claims that the defendant is a first-time offender with good behavior, attach a certificate from the unit, a certificate from the community or village committee. The materials should be arranged item by item according to the statutory grounds, highlighting the correspondence with the requirements of Article 67.

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