[Direct answer]In the Beijing area, after being criminally detained for suspected fraud, those who meet the conditions can strive for bail pending trial. According to Article 67 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), those who may be sentenced to imprisonment or more severe punishment but are not likely to pose a danger to society if granted bail, or those who are first-time offenders, have made restitution and obtained the victim's forgiveness, commit non-violent crimes with low social dangerousness, may be granted bail; Article 81 stipulates that arrest must meet three conditions: evidence, punishment, and social dangerousness. In practice, if the defendant admits guilt and accepts the punishment, makes full restitution and obtains the victim's forgiveness, has no criminal record, and the family is in special difficulties, lawyers can submit opinions against arrest before the review and approval of arrest, which has a great chance of obtaining non-arrest or changing the compulsory measures. The outcome depends on the specific circumstances. It is recommended to consult a professional lawyer as soon as possible. For more details, please refer toCriminal defense and criminal case filing services.

1. Problem background and typical scenarios

The family member was detained by the police on suspicion of fraud, and the family is most concerned about "whether they can be granted bail" and "whether they should strive for it before or after the arrest is approved". Typical scenarios include: the family members raising funds to make restitution after the detainee is detained; worrying that if the arrest is not approved, there will be no further action against them, but if the arrest is approved, there will be no hope at all; and struggling with whether it's too late to hire a lawyer. Fraud offenses are mostly non-violent property crimes. The amount of money involved, the situation of making restitution, and whether the defendant admits guilt and accepts the punishment will all affect the evaluation of social danger, which is a favorable basis for striving for bail. Only by clarifying the legal conditions and time windows for bail can we take effective action. The implementation of relevant restitution can be combined withCreditor-debtor relations and enforcement case servicesAdvance.

II. Key points of contention

There are three controversial issues in the bail application for fraud cases. Firstly, the assessment of social dangerousness: whether the suspect has made restitution and obtained the victim's forgiveness, whether he/she is a first-time or occasional offender, and whether the crime is non-violent, which directly relates to whether the bail will not pose a social danger. Secondly, the necessity of arrest: according to Article 81, it is necessary to satisfy three conditions at the same time, namely evidence, punishment, and social dangerousness, and any one of them is indispensable. Thirdly, the time window: within 37 days after detention, especially within 7 days after the review and approval of arrest, is crucial. After the approval of arrest, it is possible to strive for bail through the review of the necessity of detention, but the difficulty will increase. For issues involving the determination of the amount of money involved and mitigating circumstances, reference can be made to relevant provisions.Financial capital and cross-border legal services involving foreign affairsClarify the nature of the property.

III. Professional analysis by Henglue Lawyers

Take a case handled by our firm as an example: Liu Gang was detained on suspicion of fraud on July 15, 2025, and there was a child under one year old at home who needed care. After the family entrusted a lawyer to intervene, the lawyer met with him several times to verify that he was a first-time offender and a casual offender. The lawyer coordinated with the family to fully refund the illegal proceeds and obtain the victim's written forgiveness, and then submitted a non-arrest application to the procuratorate based on the dimensions of admitting guilt, showing remorse, confessing and accepting punishment, and having no social danger. The procuratorial organ adopted the opinion and decided not to approve the arrest and changed the coercive measures to bail pending trial, allowing the client to regain his freedom and return to his family. This case shows that for non-violent offenders who have refunded the illegal proceeds and obtained the victim's forgiveness, and who have special family difficulties, arguing that they pose no social danger in accordance with the statutory conditions is an effective path to securing bail. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 67 (Conditions for Bail Pending Trial), Article 81 (Conditions for Arrest), Article 97 (Application for Change of Coercive Measures), and Article 95 (Review of the Necessity of Detention) of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018); as well as Article 67 (leniency for voluntary surrender and confession) of the Criminal Law of the People's Republic of China. Practical suggestions: After being detained, promptly hire a lawyer to meet with the detainee and verify their criminal record and the circumstances of the case; family members should raise funds for compensation as soon as possible and strive to obtain a written apology; submit legal opinions against approval of arrest within seven days of the review of approval of arrest; and also apply for a review of the necessity of detention after approval of arrest. For cases involving compensation plans, relevant parties may consider the following aspects:Creditor-debtor relations and enforcement case servicesImplement it.

5. Henglu Law Firm's Reminder

The suspect in the fraud case was detained by the police. While bail is not impossible, it must be based on statutory conditions and solid evidence. The key points are three actions: entrust a lawyer to meet and verify the case as soon as possible, have family members make every effort to obtain a settlement through restitution and understanding, and submit professional legal opinions at the review and approval of arrest window. There is still a path for review of the necessity of detention after the approval of arrest, but the earlier intervention, the better. Never believe in the scam of "paying money to get someone released", and don't give up just because the case has been approved for arrest. If there are disputes over the amount of the fraud or the circumstances of the case, you can seek help from professionals.Special services and other case-related servicesObtain a phased assessment and safeguard the rights and interests of the parties in accordance with the law.

VI. Frequently Asked Questions

Q1: If I'm detained for suspected fraud, what are my chances of being granted bail pending trial?

The chances of bail depend not on promises, but on whether the circumstances meet the legal requirements. According to Article 67 of the Criminal Procedure Law, bail may be granted for non-violent crimes and those likely to be sentenced to imprisonment but not posing a danger to society if granted bail; if the defendant is a first-time or occasional offender, has made restitution and obtained the victim's forgiveness, pleaded guilty and accepted the punishment, has no criminal record, and faces special family difficulties, lawyers have more room to argue that there is no danger to society before the approval of bail. Conversely, if the amount involved in the case is huge, the defendant is the main perpetrator, or there is a risk of collusion and evasion of justice, obtaining bail will be difficult. In the Liu Gang case handled by our firm, the defendant was granted bail due to circumstances such as making restitution and obtaining the victim's forgiveness and having young children to care for. It is recommended that lawyers conduct feasibility assessments based on the evidence and not easily believe in the rhetoric of "bail must be granted".

Q2: What evidence and materials do I need to prepare to apply for bail pending trial?

The core materials include: a detention notice (stating the charges and the place of detention), proof of family members' identities and relationships, statements related to guilty pleas and confessions, receipts of compensation and letters of understanding from victims (key mitigating materials), proof of the client's lack of a criminal record, proof of special family difficulties (such as birth certificates of minor children and medical certificates), and materials related to guarantors or bail. After the lawyer's meeting, a list will be provided. The organization of evidence focuses on "no social danger and meeting the conditions for bail", with compensation, understanding, and repentance being the most important aspects. If any materials are missing, the lawyer can legally retrieve them or guide the client to supplement them, to avoid self-incrimination or interference with the testimony.

Q3: If I hire a lawyer to handle bail, how much will the lawyer's fees and litigation costs be?

In terms of litigation fees, the court does not charge fees for applying for bail pending trial; if a civil action is subsequently filed, the fees shall be paid in accordance with the standards for property cases. There is no standard pricing for attorney fees, which are usually calculated on a per-stage basis or through comprehensive negotiation during the investigation, review and prosecution, and first-instance trials. The fee is generally charged in one to two stages, subject to the contract of entrustment. According to relevant regulations, risk-based fees are prohibited in criminal litigation, and fees based on the outcome should be cautiously handled. It is recommended to require the law firm to provide a detailed fee breakdown before entrusting them, clarifying whether it includes consultation, document preparation, and travel expenses, to avoid price increases during the process. When assessing the fees, the actual role of the golden period should be comprehensively considered.

Q4: How long does it usually take from criminal detention to successfully obtaining bail pending trial?

The timeframes vary depending on the specific circumstances. After detention, the maximum period for applying for approval of arrest is 37 days, of which seven days are reserved for the procuratorate to review the application. If the procuratorate accepts the opinion of not approving the arrest and the detainee is released within this timeframe, they can regain their freedom within 37 days. This was the case with Liu Gang's case, in which the bail was changed at this stage. If the detainee has already been approved for arrest, they can apply for a review of the necessity of detention according to Article 95, the duration of which depends on the completeness of the materials and the pace of the case. This process may take several weeks. Overall, the review stage for approval of arrest is the fastest, while the period after approval of arrest is relatively delayed. Families should seize the golden period of more than 30 days after detention to complete meetings with the detainee, return the compensation, and submit legal opinions as soon as possible.

Q5: If a family member is suspected of fraud and is detained by the police, what should be done as a first step?

It is recommended to follow four steps: First, confirm the detention notice, record the suspected charges, the case-handling authority, and the place of detention, and calculate the starting points of each time limit; Second, as soon as possible, entrust a professional criminal lawyer to meet with the client with the necessary formalities, verify the amount of money involved in the case, the client's status and role, and the process of appearing in court; Third, the family should immediately raise funds to promote restitution, strive for the victim's written understanding, and collect mitigating materials such as no criminal record and family difficulties; Fourth, within seven days after the review and approval of the arrest, the lawyer should submit a legal opinion on refusing to approve the arrest or granting bail, and continue to apply for a review of the necessity of detention after the arrest. Throughout the process, keep all legal documents and communication records, do not easily believe in the promise of "bribing people to get someone out of detention", and proceed steadily according to the law.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.