[Direct answer]In the Beijing area, during the period of bail pending trial, the person under bail is not allowed to leave the city or county where he/she resides without the approval of the executing organ. According to Article 71 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), the criminal suspect or defendant under bail shall comply with the following provisions: not leaving the city or county where he/she resides without the approval of the executing organ; reporting to the executing organ within 24 hours if there are changes in his/her address, workplace, and contact information; appearing in court promptly when summoned; not interfering with witnesses' testimony in any form; not destroying or forging evidence or colluding with others. The case-handling organ may also order him/her not to enter specific venues, not to meet or communicate with specific individuals, not to engage in specific activities, and to hand over his/her passport and other exit-entry documents and driving licenses to the executing organ for safekeeping. If it is necessary to leave Beijing for medical treatment, study, or to handle urgent matters, he/she shall apply in writing to the executing organ in advance and obtain approval. According to Article 79, the maximum period of bail pending trial shall not exceed 12 months.

I. Problem background and typical scenarios

Bail pending trial is a compulsory measure in criminal litigation that does not involve detention but is subject to certain conditions. It is implemented and supervised by the public security organ of the resident's place of residence. In practice, the person under bail often needs to leave the place of residence for reasons such as seeking medical treatment in another city, returning home to visit relatives, going on business trips, sending children to school, or dealing with family emergencies. Typical difficulties include: not knowing exactly what "city or county" refers to; thinking that just giving verbal notice is enough to leave; having a sudden change in travel plans without time to apply for approval; and not understanding the serious consequences of leaving without authorization. There are also cases where family members make travel arrangements for the person under bail, mistakenly believing that no approval is required. It should be noted that whether the application is approved is at the discretion of the implementing organ, and factors such as the necessity of the trip, the social danger, and the impact on the litigation process are all taken into account. It is recommended to first understand the relevant regulations and procedures.Criminal defense and legal services for criminal case filingThe relevant provisions on bail in the Criminal Procedure Law of the People's Republic of China.

II. Key points of dispute

There are usually three main points of controversy. Firstly, the scope of application: those who are not allowed to leave the "city or county where they reside", that is, the city or county where the enforcement organ is located, need to obtain approval if they go beyond this scope, and the review for traveling across provinces is even more rigorous. Secondly, the discretionary approval: for legitimate and necessary reasons, such as seeking medical treatment, the critical illness or funeral of immediate family members, or official business that requires the applicant's personal presence, it is easier to obtain approval. However, for vague reasons, long timeframes, or matters that may hinder litigation, approval is usually denied. Thirdly, the consequences of violation: for those who have paid the deposit, part or all of the deposit may be confiscated, and depending on the circumstances, they may be ordered to make a written apology, pay the deposit again, provide a guarantor, or be subject to residential surveillance or arrested. For corporate personnel involved in the case, additional measures may also be taken.Legal services for corporate commercial and contract disputesEvaluate the connection between business activities and the obligation to provide bail.

III. Professional analysis by Henglue Lawyers

In a bail pending trial case handled by Henglue Law Firm, in May 2026, Party C was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials. The three posts he reposted on a forum had a total of about 5,000 views and about 1,000 downloads, and he did not obtain any economic benefits from them. Attorney Shang Jiangpeng went to the detention center to meet with him immediately to verify the number of posts, their content, motives, and the process of appearing in court. It was confirmed that he was a first-time offender, truthfully confessed after being summoned to appear in court, voluntarily pleaded guilty and accepted punishment, and did not seek any economic benefits. At the same time, citing the provisions of the relevant judicial interpretations on the threshold of convicting non-profit dissemination of obscene video files, he compared each item with the enumerated circumstances of social danger, showing that he was unlikely to commit new crimes, had no real danger to social safety, and had no real conditions for colluding with others or escaping. On June 24, 2026, the Haidian Branch of the Beijing Municipal Public Security Bureau made a decision to grant bail pending trial, and the party regained his freedom. This case was handled by Beijing Henglue Law Firm.Shang JiangpengThe attorney (practice certificate number: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acts as the agent. It should be noted that obtaining bail approval is just the beginning. After that, the client must strictly comply with all obligations stipulated in Article 71, and is not allowed to leave the city or county where he/she resides without prior approval.

IV. Practical suggestions and legal basis

The legal basis is Article 67 (Conditions for applying bail pending trial), Article 71 (Regulations that persons under bail pending trial shall abide by), and Article 79 (The maximum period of bail pending trial shall not exceed twelve months) of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), as well as other currently effective regulations such as the "Regulations on Several Issues Concerning Bail Pending Trial". Practical suggestions: First, it is necessary to submit a written application and obtain approval before traveling, and never leave first and then complete the formalities; Second, when applying, fully state the reasons, destination, start and end time, and contact information, and attach supporting materials; Third, after approval, strictly follow the declared itinerary, maintain unobstructed communication, and be available for questioning at any time; Fourth, after returning, actively report to the executing authority and keep the records of the application and response; Fifth, if it is necessary to stay in another place for study or long-term medical treatment, you can apply for a change in the execution measures or the execution location. For matters related to the refund of relevant fees and deposits, you can proceed through the following channels:Special services and legal services for other casesThe way of handling consultations.

5. Henglu Law Firm's Reminder

Bail pending trial does not mean that "everything is fine", but it is a probationary period with conditions. First, remember the bottom line: you are not allowed to leave the city or county where you live without approval. A single mistake in this regard may lead to the confiscation of your bail or even your arrest. Second, actively report any changes in your address, workplace, and contact information within 24 hours. Third, safeguard evidence, do not interfere with witnesses, collude with others, or destroy or falsify evidence. Fourth, keep all relevant documents, including applications, approvals, and travel records, for future reference. Fifth, if you are summoned by the court or the procuratorate, you must appear in court on time. Failure to do so may be deemed a violation of the rules. If your travel involves crossing provincial borders or a long duration, it is recommended to consult a lawyer in advance to assess the risks. For matters involving property disposal, you can seek further advice separately.Legal services for creditor-debtor disputes and enforcement cases.

VI. Frequently Asked Questions

Q1: What are the consequences of leaving the residence without authorization during the period of bail pending trial?

You may be deemed to have violated the provisions of bail pending trial. According to Article 71 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), a person under bail pending trial shall not leave the city or county where he resides without the approval of the executive organ; if he violates the provisions, the part or all of the bail deposited shall be confiscated, and he shall be ordered to make a promise of repentance, re-deposit the bail, or provide a guarantor, or be changed to residential surveillance or arrested. If he intentionally commits a new crime during the bail period, he may also be detained in advance according to law. Therefore, if it is really necessary to leave, it is necessary to apply for and obtain approval in advance in writing, and you must not leave Beijing on your own.

Q2: What materials are required to apply to leave the place of residence?

It usually includes: a written application stating the reason for leaving, the destination, the start and end dates, the contact person and contact information; materials to prove the reason, such as registration slips and diagnosis certificates for medical treatment, certificates of critical illness or funeral of immediate family members, business trip letters from the unit, and school enrollment materials; proof of fixed residence and contact information; materials related to the guarantor or the deposit; and other materials required by the implementing authority. The application should be submitted to the public security organ responsible for the implementation, which will review and approve it. After obtaining approval, the applicant should strictly follow the declared itinerary and time limits, and report back and keep relevant records upon return.

Q3: How much do the bail deposit and attorney's fees typically cost for pretrial release on bail?

The bail is determined by the deciding authority based on the nature of the case, the circumstances, the social danger, and the economic situation of the person subject to bail, and there is a minimum amount requirement. If the person subject to bail completes the bail pending trial without violating the regulations, they can withdraw the refund by presenting the notice of lifting the bail pending trial or relevant legal documents to the bank. Lawyer's fees are not standardized nationwide. They are generally charged according to the litigation stage and comprehensively considering the complexity of the case and the workload. The specific fees are subject to the entrustment contract. According to the "Measures for the Management of Lawyer's Service Fees" and industry rules, risk-based representation is prohibited in criminal cases. It is recommended to require a written quote and payment account information, and the payment should be transferred to the lawyer's firm's public account.

Q4: How long does it usually take to get approval to leave one's place of residence?

The law does not stipulate a unified approval time limit. In practice, it depends on the review pace of the implementing authority and the urgency of the application. If the materials are complete, the reasons are legitimate, and the application does not affect the litigation process, a response can generally be obtained within several working days; if it involves traveling across provinces or staying in a different location for a long time, the review will be more rigorous, and the time required will be correspondingly extended. It is recommended to submit a written application at least several working days in advance and keep records of the submission and response. In case of emergencies such as a close relative being critically ill, it is necessary to explain the situation immediately and provide supporting materials at the same time. Subsequently, the formalities should be completed in a timely manner and the travel itinerary should be truthfully reported.

Q5: If it's really necessary to leave during the period of bail pending trial, how should one proceed specifically?

It is recommended to proceed in four steps: First, confirm the executing authority, which is generally the public security organ of the place of residence responsible for the execution; Second, submit a written application in advance with supporting materials, stating the destination, purpose, and start and end dates; Third, travel only after obtaining written approval, strictly abide by the approved time and location, maintain communication at all times, and be available for questioning at any time; Fourth, actively report and keep the travel itinerary and communication evidence after returning. If the application is not approved, do not leave without authorization. You can consult a lawyer to understand the reasons and submit supplementary materials to reapply. For those who need to change their place of study or long-term medical treatment, they can explain the necessity in the application and apply for a change in the execution measures.

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 Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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 a timely manner.