The five mistakes families make most often

When a family member is suddenly placed in criminal detention, 90% of families instinctively do the following:

  • Hover around the case officer with gifts, pleas and connections
  • Pay non-lawyer “middlemen” to fix things
  • Promise restitution blindly without assessing the evidence
  • Pass messages to the suspect repeatedly, causing inconsistencies in their statements
  • Publicise the case during the investigation, harming the later defense

These are not only ineffective but often increase the suspect’s legal risk. Let’s go through them.

Who actually decides bail pending trial?

Many families think “if we plead with the case officer every day, they’ll let him out” — wrong. The decision on bail pending trial (取保候审) does not lie with the frontline officer:

  • Ordinary criminal cases: decided by the head of the public security organ (usually the legal affairs section or the deputy director in charge).
  • Major or complex cases: reviewed and decided by the procuratorate.
  • People with special status such as people’s congress deputies or CPPCC members: special procedures apply.

Frontline officers have “case-handling power”, not “power to release”. Their job is to arrest, question the suspect, gather evidence and compile the file. Building a solid record and getting the right submissions to the decision-makers is the correct path.

The right path: what to do first

The right moves in the first 24–72 hours after a family member is taken:

1. Get the Detention Notice

Police must notify the family within 24 hours of detention. The notice shows the suspect’s name, the suspected offence and the place of custody.

2. Instruct a lawyer

A lawyer’s visit is a legal right of the suspect, independent of how the case is handled. Instructing a lawyer immediately allows them to:

  • visit the suspect, understand the facts and steady their emotions;
  • submit a bail application to the police;
  • submit a legal opinion to the procuratorate opposing approval of arrest;
  • provide evidence of the suspect’s identity, residence and social ties.

3. Apply for bail

Statutory conditions for bail pending trial (Criminal Procedure Law Art. 67):

  • the suspect may be sentenced to public surveillance, criminal detention or a supplementary penalty only;
  • the suspect may be sentenced to fixed-term imprisonment or more, but bail would not pose a social danger;
  • the suspect has a serious illness or cannot look after themselves, or is pregnant or breastfeeding their baby, and bail would not pose a social danger;
  • the custody period has expired, the case is unfinished, and bail is needed.

4. Restitution where appropriate

Where a lawyer assesses that restitution is advisable, you can:

  • make lawful restitution;
  • seek mitigating circumstances;
  • avoid blind promises that leave you in a weak position later.

The procuratorate’s arrest-review stage

Within the maximum 37 days of criminal detention, the procuratorate reviews whether to approve arrest. This is one of the most effective windows for a lawyer to intervene:

  • visiting the suspect;
  • reviewing case materials;
  • submitting a legal opinion opposing approval of arrest;
  • meeting the prosecutor in person.

If the procuratorate decides not to approve arrest, the police must release the suspect immediately or change the compulsory measure.

Bail vs residential surveillance vs arrest

The three compulsory measures increase in severity:

  • Bail pending trial: a cash bond or guarantor; must not leave the place of residence.
  • Residential surveillance: carried out at a designated residence; movement restricted.
  • Arrest: held in a detention centre.

The lawyer’s goal is to secure bail if possible, and at worst residential surveillance, avoiding arrest and custody.

Common myths

Myth 1: “Money buys bail.” Wrong. Bail is a legal act, not a transaction.

Myth 2: “Connections work better than lawyers.” Wrong. Connections mask legal risk and harm the suspect.

Myth 3: “A minor charge guarantees bail.” Wrong. Bail depends on social danger, not the name of the charge.

Myth 4: “Once bailed, it’s over.” Wrong. Bail is only a compulsory measure; the case continues.

Myth 5: “Restitution guarantees bail.” Wrong. A lawyer must assess the evidence and facts.

How Wang Xin’s team can help

  • Emergency intervention within 24 hours of criminal detention
  • Detention-centre visits
  • Bail applications
  • Legal opinions opposing arrest
  • Reviews of the necessity of custody
  • Defense throughout the case

If a family member has been criminally detained, call +86 186-0113-9509 or message WeChat wang223040 immediately — the earlier a lawyer is involved, the more options remain.

Quick answers

Who decides bail pending trial (取保候审) in China?
Not the frontline officer. In ordinary criminal cases the head of the public security organ decides; in major or complex cases the procuratorate reviews; special procedures apply to people’s congress deputies and similar.
What are the legal conditions for bail pending trial in China?
Under Article 67 of the Criminal Procedure Law: a likely sentence of public surveillance, criminal detention or a supplementary penalty only; a prison sentence but no social danger if bailed; serious illness, inability to care for oneself, pregnancy or breastfeeding without social danger; or expiry of the custody period with the case unfinished.
How long can someone be held in criminal detention in China before arrest is approved?
Up to 37 days in total before the procuratorate decides whether to approve arrest — one of the most effective windows for a defense lawyer to intervene.

This is an English edition of Wang Xin’s original Chinese article, 家人被刑拘，90% 家属踩过的取保候审大坑. It explains the law of the People’s Republic of China in general terms and is not legal advice for any particular case; outcomes depend on the specific facts and on how local authorities apply the rules.