[Direct answer]In the Beijing area, there is a common misunderstanding that needs to be corrected: there is no "list of crimes that cannot be granted bail pending trial" in law. According to Article 67 of the Criminal Procedure Law of the People's Republic of China (adopted in 1979 and amended in 2018), the conditions for applying bail pending trial are: those who may be sentenced to control, detention, or independently apply additional punishments; those who may be sentenced to imprisonment or above and taking bail pending trial will not cause social danger; women who suffer from serious diseases, cannot take care of themselves, are pregnant or are breastfeeding their babies, and taking bail pending trial will not cause social danger; and those whose detention period has expired and the case has not been completed and need to apply for bail pending trial. Article 81 of the same law further lists the circumstances in which arrest should be carried out, including those who may commit new crimes, have real danger of endangering national security, public safety or social order, may destroy or fabricate evidence, interfere with witnesses' testimony or collude with others, may retaliate against victims, complainants or accusers, attempt suicide or escape, etc. Therefore, whether bail can be granted depends not on the crime itself, but on the statutory punishment range of the crime plus a case-by-case judgment of social danger. Relatively speaking, serious crimes such as crimes endangering national security, terrorist activities, and crimes of mafia-type organizations, as well as cases with high statutory punishment ranges and real social danger, are obviously more difficult to obtain bail for; while first-time offenders, occasional offenders, non-violent crimes, and cases where the suspects admit their guilt, accept the punishment, make restitution, and express apologies usually have more lenient requirements for bail application.

1. Problem background and typical scenarios

After a family member is detained criminally, the most pressing concern for relatives is "whether they can be released on bail." Many people's first reaction is to search online for "which crimes cannot be released on bail," only to receive a list of answers sorted by crime type, but these answers are often inaccurate. In practice, the judgment logic is as follows: first, consider the statutory sentencing range of the suspected crime; then evaluate the social danger reflected by the specific circumstances; and finally determine whether there are conditions such as a fixed residence, stable employment, or family guarantees that could support bail. Common crimes like fraud, theft, intentional injury, and assisting in information network crime activities may either qualify for bail due to their relatively minor circumstances or face difficulties in obtaining bail due to large amounts involved or serious circumstances. In the Beijing area, case-handling authorities have relatively standardized approaches to bail pending trial, and the criminal justice policy of "reducing arrests, prosecuting with caution, and detaining with restraint" is being continuously implemented. There is clear room for improvement in cases that meet the required conditions.

II. Key points of contention

Firstly, the determination of the statutory sentencing range. Those who may be sentenced to control, detention, or independently apply additional punishments, as well as those who may be sentenced to fixed-term imprisonment but pose no social danger, fall within the scope of consideration for bail. Secondly, the case-by-case review of social danger requires a comparison with the five circumstances listed in Article 81 of the Criminal Procedure Law. It cannot be generally denied based on the "seriousness of the case". Thirdly, the fixed circumstances of leniency, such as voluntary surrender, confession, plea of guilty and acceptance of punishment, restitution of compensation and bribes, and obtaining the victim's forgiveness, directly affect the evaluation of social danger. Fourthly, the choice of guarantee methods. The feasibility and appropriateness of providing a guarantor or paying a deposit directly affect the evaluation of social danger. Fifthly, special subjects and special circumstances. Women with serious illnesses, pregnant women, or those who are breastfeeding their own babies, as well as the actual situation of having young children at home who urgently need care, can also be used as reasons to strive for bail.

III. Professional analysis by Henglue Law Firm

Take a fraud case handled by Henglue Law Firm as an example: The client was detained for criminal fraud and had a child under one year old at home who needed care at the time of the incident. The client's family entrusted a lawyer to intervene during the review and approval of the arrest warrant. Attorney Yuan Hang immediately went to the detention center several times to meet with the client, verified that the client had no criminal record and was a first-time offender, then coordinated with the family to fully refund the illegal proceeds and obtained a written apology from the victim. Subsequently, he organized arguments against the arrest warrant from seven perspectives: The client's admission of guilt, repentance, and repayment of the illegal proceeds reduced the harm to society; The client's truthful confession constituted a voluntary confession, which could be punished lightly according to law; The client's voluntary plea of guilty and cooperation with the litigation process; The client's consistent good behavior and no risk of reoffending; The client's family provided a guarantee and could ensure his attendance when summoned; The client's child was under one year old and needed humanitarian care; The fraud crime was a non-violent crime, and taking bail pending trial would not pose a social danger. The procuratorial organ adopted the defense opinion and decided not to approve the arrest warrant and to change the compulsory measures to bail pending trial. This case shows that even if it is a property crime, as long as the mitigating circumstances are fixed item by item and the social danger is ruled out item by item, bail is not unattainable. For cases involving cooperation with the investigation after bail and subsequent defense, reference can be made to this case.Criminal defense and criminal case filingThe practical path; for cases involving compensation and understanding negotiations, it can be combined withCreditor's rights and debts, and enforcement casesOur firm has extensive experience in handling similar cases. This case is being handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his accurate understanding of the local judicial interpretation and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Article 67, Article 81, and Article 95 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), as well as Article 67 of the Criminal Law of the People's Republic of China (amended in 2020) regarding the provisions on voluntary surrender and confession, it is recommended to follow four steps to achieve this: First, hire a lawyer as soon as possible to meet with the suspect and verify the facts of the crime, the circumstances, and whether the suspect has a criminal record; Second, fix the mitigating circumstances, promote full restitution, obtain the victim's forgiveness, make a truthful statement, and sign a plea agreement; Third, demonstrate the social dangerousness item by item, explaining that none of the five circumstances listed in Article 81 of the Criminal Procedure Law exist or have been eliminated; Fourth, submit an application for refusal of approval of arrest before the arrest, and apply for a review of the necessity of detention promptly after the arrest has been approved. For those involving enterprise operation and compliance risks, reference can be made to the relevant provisions.Business and contract disputes in enterprisesThe prevention experience; if it involves the victim claiming their rights, it can be combined withPersonal injury and medical disputesThe processing path of the file.

5. Henglu Law Firm's Advice

The key to bail pending trial is to substantiate the "social danger". Three reminders: First, don't believe in the "list of crimes that can't be granted bail" circulating online. The law focuses on conditions rather than charges; Second, don't miss the two time nodes before and after arrest. Before arrest, strive to get the arrest warrant rejected, and after arrest, apply for a review of the necessity of detention. These opportunities are limited; Third, don't pin your hopes on verbal promises. Circumstances such as compensation, understanding, and pleading guilty and accepting punishment need to be documented in writing.Beijing Henglu Law FirmIt is recommended that family members hire a lawyer to meet with their detained relatives as soon as possible after their detention, so as to fix every piece of evidence that can be mitigated as soon as possible.

VI. Frequently Asked Questions

Q1: Which charges are more difficult to obtain bail for during pretrial detention?

The law does not prohibit bail based on the nature of the crime. Relatively speaking, it is more difficult to grant bail for serious crimes such as endangering national security, terrorist activities, and gang-related organizations, as well as cases where the defendant may be sentenced to more than 10 years in prison and there is a real risk of destroying evidence or interfering with the testimony. Whether to grant bail still depends on the statutory sentencing range and the social danger of the crime.

Q2: What materials do I need to prepare to apply for bail?

The identity and household registration materials, fixed residence and work certificates, family guarantee materials, as well as materials that can reflect mitigating circumstances, such as repayment receipts, victim's letters of understanding, plea agreements, physical examination or disease diagnosis materials, etc., are used to demonstrate the absence of social danger.

Q3: How much does it cost to hire a lawyer to fight for bail?

The attorney's fees are usually charged according to the stages of investigation, review of prosecution, trial, etc., or on a per-case basis, and are related to the complexity of the case, the number of meetings, and the workload of the defense. For bail pending trial, a deposit is required, the amount of which is determined by the case-handling organ according to the circumstances of the case. The specific amount shall be subject to the provisions of the entrustment contract and the decision of the case-handling organ.

Q4: How long does it take from applying to receiving a decision?

During the investigation stage, if an application for bail pending trial is submitted, the case-handling organ generally makes a decision within three days after receiving the application. During the review and approval of arrest stage, the review period of the procuratorial organ is usually seven days. If an application for a review of the necessity of detention is submitted after the person has been arrested, the procuratorial organ generally issues an opinion on whether to change the detention measure within ten days after accepting the application.

Q5: What should I do first?

Firstly, entrust a lawyer to meet with the suspect to understand the suspected charges, the place of detention, and the basic facts of the case; simultaneously verify whether there are mitigating circumstances such as first-time offenses, restitution, reconciliation, and guilty pleas; and prepare materials to exclude social dangerousness in accordance with Article 81 of the Criminal Procedure Law.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces and 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 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. In case of disputes, please consult a practicing lawyer in time.