[Direct answer]In the Beijing area, the authorities generally adopt a strict approach, but not an absolute prohibition of bail. 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 include: the suspect may be sentenced to control, detention, or an additional punishment applied independently; the suspect may be sentenced to fixed-term imprisonment or a heavier punishment, but bail will not pose a social danger; and the suspect suffers from a serious illness, is pregnant, or is breastfeeding her own child, etc. Article 81 lists the circumstances in which arrest is mandatory. The Countermeasures Against Organized Crime Law of the People's Republic of China (adopted on December 24, 2021 and implemented on May 1, 2022) stipulates that organized crimes shall be severely punished according to law, and corresponding procedural provisions are also provided. In practice, the organizers, leaders, and core members of gang-like organizations, as well as the ringleaders of criminal groups, are generally considered to pose a high social danger, and the application of bail is extremely cautious. However, for those involved in the case who are only investigated due to their connections, participate to a lesser extent, play a minor role, or commit minor offenses, there is still room to strive for bail. Therefore, the key to determining whether bail can be granted is still two factors: the statutory sentencing range of the suspected crime, and whether the social danger can be ruled out one by one.

1. Problem background and typical scenarios

"Involvement in organized crime and gang-related activities" is a highly policy-oriented concept, covering a wide range of crimes involving organizing, leading, or participating in gang-related organizations and criminal groups. When defendants or their families hear this characterization, they often become very anxious, believing they have no chance of success, and thus give up seeking justice through legal means. In reality, there are significant differences within cases involving organized crime and gang-related activities: some defendants are core members of the organization, involved in multiple criminal acts with high social danger; while others only played a supporting role in a specific act, or were implicated due to business dealings with a member of the organization, without knowledge of the organization's overall activities. For the latter group, if they can prove their degree of involvement, subjective awareness, and position within the organization, there is still a possibility of gaining leeway in enforcement measures. In Beijing, prosecution authorities generally attach great importance to the sufficiency of evidence and the accuracy of legal characterizations, and lawyers' opinions based on facts and evidence are of practical significance in such cases.

II. Key points of contention

First, regarding the scope of application of strict policies, the focus should be on organizers, leaders, key members, and ringleaders. General participants should not necessarily be subject to harsher punishments. Second, the review of social dangerousness should be conducted on a case-by-case basis, in accordance with the enumerated circumstances in Article 81 of the Criminal Procedure Law, rather than being dismissed outright based on the label of "involvement in organized crime and gang activities". Third, the determination of subjective awareness and participation level is crucial. Whether the defendant is aware of the illegal and criminal nature of the organization, the specific acts and frequency of their participation directly affect the legal qualification. Fourth, the distinction of criminal charges is important. The crime of participating in a gang-like organization differs significantly from specific crimes such as extortion, provoking trouble, and forced transactions in terms of sentencing ranges. Fifth, the protection of procedural rights should be ensured. Rights such as meeting with lawyers, reviewing case files, applying for changes to coercive measures, and conducting detention necessity reviews should not be denied based on the nature of the case.

III. Professional analysis by Henglue Lawyers

The social danger analysis method developed by Henglue in handling criminal cases involving infringements of personal and property rights can also be applied to the defense of ordinary participants in cases related to organized crime and gang activities. Taking a case of spreading obscene materials handled by Henglue as an example: The client was detained for criminal custody because he reposted and published videos on a forum. Attorney Shang Jiangpeng immediately went to the detention center to meet with him, verified the number of posts, their content, motives, and the circumstances of his appearance in court, and confirmed that he was a first-time offender who truthfully confessed after being summoned to appear in court, voluntarily pleaded guilty and accepted the punishment without seeking any profit. Subsequently, he submitted a "Legal Opinion on Bail Pending Trial" to the case-handling organ, which argued in four aspects: First, there is a clear quantitative threshold for the criminalization of non-profit spreading of obscene materials, and the quantity in this case far exceeds it, so it should not be deemed a crime according to law; Second, his appearance in court after being summoned and his truthful confession constitute a voluntary surrender, which can be mitigated according to law when combined with his plea of guilty and acceptance of the punishment; Third, the mitigation of punishment for pleading guilty and accepting the punishment is greater in the investigation stage; Fourth, by comparing each item of the enumerated social dangers, it is shown that there is no real danger of committing new crimes, destroying evidence, colluding with accomplices, or fleeing, and combined with the criminal justice policy of sparing arrests, prosecutions, and detentions when possible, the argument is further strengthened. The case-handling organ ultimately made a decision to grant bail. The methodology of this case can be transferred: Regardless of the nature of the case, effective bail arguments should focus on three points: "statutory conditions + excluding social dangers item by item + mitigating circumstances". For the analysis of the status and role in joint crimes, reference can be made to it.Criminal defense and criminal case filingThe practical path; for cases involving the disposal of the involved assets and the return of compensation, it can be combined withCreditor's rights and debts, and enforcement casesOur firm has extensive experience in handling similar cases. This case was handled by Beijing Henglu Law Firm.Shang JiangpengThe lawyer (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his/her 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 the relevant provisions of the Countermeasures against Organized Crime Law of the People's Republic of China (implemented on May 1, 2022), it is recommended to handle the case in four steps: First, appoint a lawyer to meet with the client as soon as possible to verify the client's actual participation level, frequency, subjective awareness, and role in the case; Second, distinguish between charges and circumstances, clarify the statutory sentencing range for the specific charges involved, and avoid being characterized as "one-size-fits-all"; Third, organize materials item by item based on social dangerousness, including fixed residence and work, family status, physical condition, no criminal record, and a commitment to cooperate with the litigation; Fourth, timely submit an application for bail pending trial, apply for a review of the necessity of detention after being arrested, and continuously submit new materials. For issues related to enterprise operation and compliance risk prevention, reference can be made to the relevant provisions.Business and contract disputes in enterprises; Regarding the coordination of specialized legal services, it can be combined withSpecialised legal services.

5. Henglue Law Firm's Reminder

The nature of the case will affect the difficulty of obtaining bail, but it cannot determine everything. Three reminders: First, don't give up on trying to obtain bail just because you've heard the words "involved in organized crime and gangsterism". You should still verify the degree of involvement and the specific charges; Second, don't instruct clients to conceal or alter their statements during meetings, as this will lead to more serious consequences; Third, don't ignore procedural rights. You can exercise your rights to meet with clients, review case files, apply for changes to coercive measures, and request reviews of the necessity of detention in accordance with the law.Beijing Henglue Law FirmIt is recommended to sort out the facts during the investigation stage of the case and determine the actual status and role of the parties in the joint crime as soon as possible.

VI. Frequently Asked Questions

Q1: Can I still apply for bail pending trial in cases involving organized crime and other illegal activities?

It can be applied for according to law, but the application is handled with great caution, especially for organizers, leaders, and key members. Whether the application is approved or not still depends on the statutory sentencing range and social danger. For ordinary suspects who participated to a lesser extent and played a minor role, there is still room for negotiation.

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

A fixed residence and proof of employment, materials on family circumstances, medical examination or disease diagnosis materials, a certificate of no criminal record, a promise to cooperate with the litigation and to appear in court when summoned, as well as evidence clues that can explain the party's involvement and role in the case.

Q3: Will the attorney's fees for such cases be higher?

It is usually higher than ordinary criminal cases, due to the large number of case files, the large number of people involved, and the huge workload of meeting with clients and reviewing case files. Lawyer's fees are generally charged by stages or per case, and the fees are related to the complexity of the work. The fees shall be subject to the written contract of entrustment.

Q4: How long does it usually take to try cases involving organized crime and other illegal activities?

Due to the large number of people involved and the complexity of the facts, the investigation, review and prosecution, and trial periods are usually significantly longer than those of ordinary cases. Major and complex cases may last more than a year; the specific time depends on the scale of the case, the amount of evidence, and the arrangements of the case-handling agencies.

Q5: What should I do first?

First, entrust a lawyer to meet with and verify the true relationship between the client and the case, including the specific actions involved, the number of times, whether they are aware of the illegal and criminal nature of the organization, and their role in it; on this basis, determine the statutory sentencing range for the charges involved, and then decide on the strategy to secure bail.

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, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglu 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.