[Direct answer]In the Beijing area, the division of labor is as follows: whoever handles the case decides, and the public security organ unifies the execution — the investigation stage is decided by the public security organ (including the national security organ); the review and prosecution stage is decided by the people's procuratorate; the trial stage is decided by the people's court; after the decision is made, the execution of bail pending trial is solely the responsibility of the public security organ. There is also an important subject involved in the arrest approval process: if the procuratorate does not approve the arrest, the public security organ shall change the coercive measures. In practice, a large number of bail applications are generated through this "non-approval of arrest" path.

I. Problem Background and Typical Scenarios

After the family member was detained by criminal custody, the family members didn't know where to submit the bail application: should they go to the police station, the legal department of the branch bureau, or the procuratorate? If they submitted it to the wrong place, the precious golden period would be lost during the bureaucratic process. Understanding the attribution of bail decision-making power at different stages is the first lesson for family members to take action.

II. Key points of contention

First, the corresponding relationship between the decision-making organ and the implementation organ in the three stages. Second, the dual role of the procuratorate in the issue of bail. Third, the separation arrangement between decision-making and implementation. Fourth, who to apply to and how to submit the materials efficiently.

III. Professional analysis by Henglue Lawyers

The first level is to find the right authority according to the stage: - **Investigation stage**: The public security organ is the decision-making authority. The application for bail is submitted to the case-handling unit, and the legal department reviews it before it is approved by a county-level or higher official. For cases submitted for approval of arrest, the procuratorate reviews them within seven days. If the application is not approved, the public security organ shall immediately release the suspect. If the suspect meets the conditions for bail, the measure will be changed to bail pending trial. - **Review and prosecution stage**: After the case is transferred to the procuratorate, the decision-making authority for bail is the procuratorate. Lawyers can submit bail applications or opinions on the necessity of detention to the handling procurator. - **Trial stage**: The court decides whether to change the measure on its own initiative or upon request. - **This case is handled by Beijing Henglue Law Firm**.Shang JiangpengThe lawyer (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent. **Second Level**: The dual role of the procuratorate: 1. **Reviewer**: The decision to approve or disapprove the arrest directly determines whether the suspect can return to society after the detention period. 2. **Supervisor**: The procuratorate is responsible for overseeing the necessity of detention during the investigation stage (detention necessity review) and providing recommendations to rectify excessive or illegal detention. In practice, submitting a legal opinion to the procuratorate against the arrest (countering the social dangerousness point by point) is often more effective than repeatedly submitting bail applications to the public security organ, as the review of the arrest has clear time limits and written review obligations. **Third Level**: Why decision-making and execution are separated: The personal restrictions of bail detention (prohibition of leaving the city/county and prompt appearance upon summons) require daily supervision by the local police station, so decision-making authority lies with the case-handling organ, while enforcement authority is unified under the public security organ. For the client, this means: After obtaining the bail decision, they must report to the designated police station for procedures related to the guarantor or bail, and any subsequent relocation or departure from the city/county requires approval from the enforcement organ, otherwise the bail may be forfeited and the detainee may be re-arrested. **Fourth Level**: Efficient submission of application materials: Submit complete materials to the appropriate decision-making organ: - Bail application (demonstrating each statutory circumstance in Article 67 of the Criminal Procedure Law); - Evidence refuting social dangerousness (proof of fixed residence, family situation, health certificate, employment certificate); - Mitigating circumstances such as restitution and apologies; - Guarantor or bail arrangements; - Simultaneously submit convenient communication authorization documents; - Submit materials in person via lawyer and request a signed receipt, which is far more reliable than mailing or oral transmission; - For responses exceeding three days, legally urge follow-up and redirect materials to the arrest review stage. In our firm's bail cases, there are two pathways: direct approval during the investigation stage or modification after disapproval. The choice between the two depends on the social dangerousness structure of the case, which is evaluated by the lawyer to determine the main direction of effort.

IV. Practical suggestions and legal basis

The first step is to identify the deciding authority based on the stage of the case to avoid document circulation. The second step is to simultaneously submit opinions on refusing to approve arrest or on the necessity of detention to the procuratorate, advancing the process on two parallel tracks. The third step is to handle the bail formalities immediately after approval and report to the executing police station. The fourth step is to comply with the list of bail obligations to prevent the revocation of bail. Main legal basis: Articles 65 to 67, 81, 91, and 95 of the Criminal Procedure Law of the People's Republic of China; provisions on bail pending trial regarding the provisions on deciding and executing authorities; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

The three principles of the organ deciding on bail are: whoever handles the case decides on bail, and the public security organ unifies the execution; the procuratorate is not only the gatekeeper of arrest but also the supervisor of detention. Applying for bail through two channels is more efficient; hand over the case to the next department, provide high-quality materials, and leave clear records. Don't waste a single day of the golden period. Applications for bail and changes to coercive measures can be processed through the following channels:Criminal defense and criminal case filingThe service obtains an overall solution, which can be combined with the review of the necessity of detentionSpecial servicesThis is a legal document template for defending corporate personnel involved in legal disputes. It can be used as a reference for lawyers and legal professionals when providing legal defense for their clients.Intellectual property protection and corporate lawFor columns involving major cases, you can seek advice from us\nFinancial capital and cross-border transactions involving foreign entities.Team.

VI. Frequently Asked Questions

Q1: Who decides on bail in cases handled by national security agencies?

For cases of crimes endangering national security handled by national security organs, the investigation stage shall be decided by them to grant bail pending trial, and the execution shall be the responsibility of the public security organ.

Q2: Who decides on bail for cases investigated by the procuratorate itself?

When the procuratorate handles cases directly accepted for investigation, the investigation stage shall be decided by itself, and the procedural rules shall be the same.

Q3: What should I do if the public security organ refuses to release the detainee after deciding not to approve the arrest?

It is a statutory obligation to release the detainee immediately. If the detainee is not released without a valid reason, he/she may apply to the procuratorate for supervision or lodge a complaint with the higher authority.

Q4: If the bail is implemented by the police station, what should I do?

Go to the designated police station to report and handle the guarantee procedures with the decision letter; comply with obligations such as not leaving the city or county, attending court hearings upon summons, and reporting for approval when changing residence.

Q5: Who do I pay the deposit to, and when will it be refunded?

The bail shall be deposited into the account designated by the public security organ; if the person does not violate the regulations during the bail period, he/she may withdraw and return the principal and interest upon the conclusion of the 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.