[Direct answer]In the Beijing area, not approving arrest and granting bail pending trial do not mean an acquittal, nor do they necessarily exempt a person from sentencing. However, they usually indicate a significantly reduced likelihood of being sentenced to actual imprisonment. Bail pending trial is merely a change in coercive measures. Whether a person will be sentenced depends on whether their actions constitute a crime and whether the evidence is truly sufficient. If the arrest is not approved, the public security organ shall immediately release the person upon receiving the notice. Those who need to continue the investigation and meet the conditions may be granted bail pending trial or placed under residential surveillance according to law; the maximum duration of bail pending trial shall not exceed twelve months. In judicial practice, cases where arrest is not approved and bail is granted usually end with a relative non-prosecution, a suspended sentence, or an exemption from criminal punishment. However, substantive defense should still be carried out as early as possible to avoid mistakenly believing that the case has ended.

1. Problem background and typical scenarios

The most common situation is that family members are detained in criminal custody. Relatives inquire about the case everywhere within 37 days, and feel relieved when they hear that "the procuratorate does not approve the arrest and the person has been released". However, they then begin to worry about whether the person will be sentenced subsequently. There are also cases where the defendant, after being granted bail, no longer cooperates with the defense and refuses to communicate with the lawyer until they receive the indictment. In recent years, the application of bail pending trial has gradually expanded, especially in cases of minor property crimes, cybercrimes, and first-time or occasional offenders. However, whether the arrest is approved or not and whether the defendant will be convicted are two separate issues. Confusing the two is most likely to lead to a misalignment of the defense schedule and the missed of key junctures.

II. Key points of contention

First, there are three possible legal meanings of not approving arrest: not constituting a crime, insufficient evidence, and no necessity for arrest. The subsequent developments of these three situations are very different, and it is necessary to obtain the specific reasons for not approving arrest in order to determine the direction of defense. Second, the relationship between bail and conviction. Bail pending trial only solves the necessity of detention, and whether the defendant is guilty or not still needs to be determined through the investigation, review and prosecution, and trial procedures. Third, the idle work during the bail period. If left unchecked, the best time to obtain favorable evidence, return the illegal proceeds and compensation, and promote understanding will be missed. Fourth, the connection of procedures. After the case is transferred for review and prosecution, defense lawyers can consult, excerpt, and copy the case file materials, and the defense space is significantly expanded compared with the investigation stage. The value of the materials accumulated in the early stage will also be fully released.

III. Professional analysis by Henglue Lawyers

This case involves the crime of disseminating obscene materials. In May 2026, C * was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials for reposting and sharing three obscene video files on a forum. The total number of views and downloads was approximately 5,000 and 1,000 respectively, and he did not obtain any economic benefits from this activity. His motivation was solely to gain forum points. After accepting the case, Attorney Shang Jiangpeng immediately went to the detention center to meet with C *, verify the number of posts, their content, C *'s motives, and the circumstances of his appearance in court. It was confirmed that C * truthfully confessed his actions upon being summoned to court, was a first-time offender, and did not seek any financial gain. The attorney then submitted a "Legal Opinion on Bail Pending Trial", arguing from two main perspectives: First, according to relevant judicial interpretations, the dissemination of obscene video files for non-profit 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. The number of views and downloads cannot substitute for the quantity standard, and it should not be considered a crime according to the law. Second, by checking each of the statutory circumstances of social danger, it was determined that C * had no realistic possibility of committing new crimes, colluding with others, escaping, or taking revenge. Combined with the criminal justice policies of "sparing arrests, prosecution, and detention as much as possible", the necessity of continued detention was extremely low. On June 24, 2026, the Haidian Branch of the Beijing Municipal Public Security Bureau issued a decision on bail pending trial, and the client regained his freedom about a month after being detained. This case was handled by Beijing Henglue Law Firm.Shang JiangpengThe lawyer (practice license number: 11101202310580738, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

According to Article 67, Article 79, and Article 90 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018 and implemented on October 26, 2018), the applicable conditions for bail pending trial, the maximum period of twelve months, and the immediate release and legal change of coercive measures after non-approval of arrest are clearly stipulated; Article 13 of the Criminal Law of the People's Republic of China (amended on March 14, 1997 and implemented on October 1, 1997) stipulates that if the circumstances are significantly minor and the harm is not great, it shall not be considered a crime. It is recommended to proceed in the following order: First, after obtaining the decision on non-approval of arrest, promptly inquire with the case-handling organ about the specific reasons for non-approval of arrest and record them in writing; Second, strictly fulfill the obligations of reporting and attending court promptly during the bail period, and not contact witnesses or victims; Third, promptly complete the return of illicit gains and compensation, strive for a written apology, and present mitigating circumstances before the case is transferred for review and prosecution; Fourth, immediately entrust a lawyer to review the case file after the case is transferred, form a written defense opinion, and strive for non-prosecution; Fifth, for cases that may apply to probation, prepare materials such as community impact, fixed residence, and tutoring conditions in advance. Relevant procedural nodes can be referred to for reference.Criminal defense | Criminal case filingA summary of the frequently asked questions under this column.

5. Henglu Law Firm's Reminder

In the weeks and months following bail, the outcome of the case is often more decisive than during detention. It is crucial to avoid losing contact with the court after bail or leaving the residence without authorization, and never to coordinate statements with co-defendants or witnesses on your own, otherwise you may have your bail revoked and be detained again. In cases of cybercrime and economic crime, whether the defendant is guilty or not often depends on legal thresholds such as quantity and amount, rather than public opinion. The value of professional defense lies precisely in clarifying these thresholds. If the case also involves victim compensation negotiations, you can refer to the relevant provisions.Personal injury | Medical disputesDetermine a reasonable amount based on the loss assessment approach outlined in the document.Beijing Henglue Law FirmTip: Setting clear phased goals, such as non-prosecution or probation, is more meaningful than simply hoping that "everything will be fine".

VI. Frequently Asked Questions

Q1: Will I still be sentenced to prison even if I'm not arrested and granted bail after the hearing?

Not necessarily. If the procuratorate decides not to approve the arrest because the act does not constitute a crime or the evidence is insufficient, it is often possible to strive for a non-prosecution decision in the future; if there is no need for arrest, the case may still be prosecuted, but there is a greater chance of obtaining a suspended sentence, exemption from criminal punishment, or even a fine. The key to making a judgment lies in the specific reasons for not approving the arrest and the evidence situation. It is recommended to seek a lawyer's evaluation after obtaining the decision letter.

Q2: What evidence materials do I need to prepare?

The documents include the decision of not approving the arrest, the detention notice, the statement of the defendant's appearance in court, the plea of guilty and punishment agreement, the certificates of returning the illicit proceeds and compensating the victims, the letter of understanding from the victims, the certificate of no criminal record, the certificates of fixed residence and stable employment, the materials proving that the defendant's acts do not reach the statutory quantity or monetary threshold, and the documentary evidence and electronic data that can prove that the defendant's acts do not reach the statutory quantity or monetary threshold. The more complete the materials are, the more conducive it will be to communication.

Q3: Approximately how much does it cost to hire a lawyer?

Generally, fees are charged separately for the three stages of investigation, review and prosecution, and trial. For minor cases, fees may also be agreed upon in stages or as a package. The specific amount shall be subject to the provisions of the entrustment contract. The main workload in the bail stage includes meetings, the drafting of legal opinions, and communication with the case-handling authorities, which also constitute the core part of the fees.

Q4: How long does it usually take from obtaining bail to the final outcome?

The maximum duration of bail pending trial shall not exceed twelve months. After the case is transferred for examination and prosecution, the procuratorate shall generally make a decision within one month. For major and complex cases, the time limit may be extended by 15 days, and the time limit for returning the case for supplementary investigation shall be recalculated. After prosecution, the first-instance trial is usually concluded within two to three months after acceptance. It will be faster if the fast-track or simplified procedures are applied.

Q5: What should I do first?

First, obtain and keep the decision on non-approval of arrest and the decision on bail pending trial, and confirm the specific reasons for the non-approval of arrest; at the same time, entrust a lawyer to participate in the meeting and review of the case, and simultaneously start the preparation of mitigating circumstances such as compensation and understanding, so as to avoid the situation that the bail is revoked due to losing contact with the defendant or colluding with others during the bail period.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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·Attorney Shang Jiangpeng·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 a dispute arises, please consult a practicing lawyer in time.