[Direct answer]In the Beijing area, it is possible, but whether bail can be granted depends on whether the legal conditions are met, rather than the time itself. The so-called "golden 37 days" refers to the sum of the maximum 30-day criminal detention period by the public security organ and the seven-day review and approval period for arrest by the people's procuratorate. It is the best window to strive for non-approval of arrest and change of coercive measures to bail pending trial. According to Article 67 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), those who meet the conditions shall be immediately released after non-approval of arrest and granted bail pending trial according to law; even if the arrest has been approved, it is still possible to apply for a review of the necessity of detention according to Article 95 to strive for a change of coercive measures, but the difficulty will obviously increase.

I. Problem background and typical scenarios

After seeing the date on the criminal detention notice, the most common question from family members is whether the person can be released on bail within 37 days. During this period, the case must go through three stages: criminal detention, request for approval of arrest, and review and approval of arrest by the procuratorial organ. Any defense opinion at any of these stages may change the coercive measures. In practice, there are cases where bail was successfully obtained in the first week, and there are also cases where the person regained freedom after the review of the necessity of detention following the approval of arrest. The difference lies not in luck, but in the conditions of the case itself and the intensity of the defense work.

II. Key points of dispute

First, the review standards for approving arrests. According to Article 81 of the Criminal Procedure Law, whether there is a social danger needs to be determined on a case-by-case basis, including whether the suspect is likely to commit new crimes, whether there is a real danger to national security, whether the suspect is likely to destroy or fabricate evidence or collude with others, whether the suspect is likely to retaliate against victims or whistleblowers, and whether there is a risk of suicide or escape. Second, the statutory conditions for bail. Article 67 lists circumstances such as those who may be sentenced to control or detention, or to additional punishments independently; those who may be sentenced to fixed-term imprisonment but do not pose a social danger; those who suffer from serious diseases or are unable to take care of themselves; pregnant or breastfeeding women; and cases where the detention period has expired but the case has not been concluded. Third, the role of reconciliation and compensation. In cases of intentional injury and property crimes, obtaining reconciliation and completing compensation are the most direct evidence to mitigate the evaluation of social danger. Fourth, remedies after approving arrests. The review of the necessity of detention is not a rehearing of the case, but a review of whether there is a need to continue detention. The focus of evidence collection is different from that in the review stage of arrest.

III. Professional analysis by Henglue Lawyers

This case involves intentional injury. A * was detained by the Daxing Branch of the Beijing Municipal Public Security Bureau on July 13, 2024, on suspicion of intentional injury, and was formally arrested on July 26 of the same year. He was detained in the Daxing District Detention Center, and the case entered the post-arrest review stage. After the family entrusted lawyers from Beijing Henglu Law Firm to intervene, the lawyers met with the client multiple times and maintained communication with the investigating and procuratorial authorities. Despite the public security organ's refusal to modify the coercive measures, the lawyers applied to the procuratorial authorities for a review of the necessity of detention in accordance with the law, arguing three points: First, A * voluntarily admitted guilt and repented, truthfully confessed the facts of the case, and both he and his family had reached an understanding with the victim, meeting the statutory conditions for bail pending trial; Second, A * was a first-time offender and occasional offender. The case was triggered by a trivial dispute, indicating low subjective malice and being a sudden and occasional incident; Third, all statutory circumstances excluding social danger were excluded. A * did not have the potential to commit new crimes, destroy evidence, interfere with testimony, collude with others, retaliate, commit suicide, or escape. Combined with the criminal justice policy of "less arrests and cautious detention", there was no need to continue detaining him. After review, the procuratorial authorities determined that there was no need to continue detaining A *, and legally decided to modify the coercive measures to bail pending trial. The client regained his freedom after being approved for arrest. This case applies to Articles 81 and 95 of the Criminal Procedure Law of the People's Republic of China. The case is handled by Beijing Henglu Law Firm.Lu XiaoxueThe attorney (practice certificate number: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

According to Articles 67, 79, 81, 90, and 95 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018 and implemented since October 26, 2018), the conditions and duration of bail pending trial, the standard of social dangerousness for arrest, the handling after non-approval of arrest, and the review of necessity of detention after approval of arrest are all clearly stipulated. Suggestions: First, immediately confirm the detention facility after detention and complete the entrustment as soon as possible, grasping the time for meeting with the client and submitting legal opinions; Second, form a written legal opinion against approval of arrest before requesting approval of arrest, focusing on demonstrating that the elements of social dangerousness do not exist, rather than making general pleas; Third, simultaneously promote restitution, compensation, and reconciliation, and submit the original of the letter of reconciliation to the case-handling organ; Fourth, if the public security organ still does not agree to change the detention measure after obtaining the letter of reconciliation, promptly apply to the procuratorial organ for a review of the necessity of detention; Fifth, prepare a guarantor or a deposit, and clarify the commitment to attend court promptly and not leave the residence area, and keep the written materials. In cases of intentional injury, there are often disputes over the assessment of injuries and the amount of compensation. Reference can be made to the relevant provisions.Personal injury | Medical disputesThe processing approach is to evaluate the compensation range and reduce the repetitive negotiations.

5. Henglu Law Firm's Reminder

The "Golden 37 Days" is not an automatically effective insurance period, but a window period that requires action to fill it. There are three common mistakes: First, waiting until the last few days to entrust a lawyer with a wait-and-see mentality, which seriously compresses the time for meetings and communication; Second, insisting on family difficulties and requesting leniency, but failing to provide evidence to exclude social danger; Third, thinking that there is no way out after the approval of arrest, missing the opportunity for a review of the necessity of detention.Criminal defense | Criminal case filingPractical experience shows that the key to the review of the necessity of detention is to apply the principle of "no necessity to continue detention" to specific facts, rather than to repeatedly review the reasons given in the arrest stage.Beijing Henglu Law FirmTip: No matter which stage you are in, don't give up your right to apply for a change in the compulsory measures according to law, and strictly abide by all obligations during the bail period.

VI. Frequently Asked Questions

Q1: What is the likelihood of being granted bail pending trial within 37 days for a gold-related case?

It depends on the circumstances of the case. If the facts are clear, the circumstances are minor, the offender is a first-time or occasional offender, has made restitution and obtained forgiveness, and can eliminate the social dangerability item by item, the success rate of not approving the arrest at the review and approval stage is relatively high; if the crime is serious or there is a risk of collusion or escape, the difficulty of obtaining bail will obviously increase, and more sufficient materials are needed to support it.

Q2: What materials do I need to prepare?

Detention notice, proof of family relationship and authorization procedures, account of the case and materials of confessing guilt and repenting, receipt of compensation and letter of understanding, certificate of no criminal record, proof of stable residence and employment, medical diagnosis and treatment records, materials proving the guarantor's qualifications or the security deposit, and materials demonstrating the community's low social dangerousness.

Q3: How much are the attorney's fees likely to be?

Generally, fees are charged separately for the investigation, review and prosecution, and trial stages. The work in the bail stage includes multiple meetings, submitting legal opinions on not approving the arrest and applications for review of the necessity of detention, and communicating repeatedly with the case-handling organ. The fees shall be subject to the provisions of the entrustment contract, and it is recommended to specify the specific work content in the contract.

Q4: How long does the entire process take?

The maximum duration of criminal detention is 30 days, and the procuratorial organ reviews and approves the arrest within seven days. If the procuratorial organ applies for a review of the necessity of detention after the approval of the arrest, the procuratorial organ shall generally put forward its review opinions within ten days after accepting the application, and the time limit may be extended if the case is complicated. The maximum duration of bail pending trial is not more than twelve months, and the subsequent procedures will be dealt with separately.

Q5: What should I do first?

Firstly, confirm the detention facility and the case-handling unit, handle the entrustment formalities to appoint a lawyer to meet with the detainee, and at the same time initiate compensation and understanding negotiations. Prepare the legal opinion on not approving the arrest and the evidence materials and submit them to the case-handling authority before requesting approval for the arrest.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Lu Xiaoxue·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules. It is for general reference only and does not constitute formal legal advice for 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.