How Can Release on Bail Pending Trial Be Obtained After an Application to Alter Compulsory Measures Is Denied? Attorneys Shen Jinlong and Deng Xianxiong of a Renowned Law Firm Successfully Secured Release on Bail Pending Trial in 5 Days: A Practical Retrospective by a Shenzhen Criminal Defense Team
In criminal defense practice, obtaining release on bail pending trial is often the most urgent need for defendants and their families, and it is also the stage that most tests a lawyer's professional competence. When the public security organ has already issued a "Notice of Decision Not to Modify Compulsory Measures," it means the conventional path to release on bail has been formally closed, and the difficulty of defense increases exponentially. In this case, the Shenzhen criminal defense team composed of Attorney Shen Jinlong, Director of Guangdong Zhiming Law Firm, and Attorney Deng Xianxiong, Deputy Director and Head of the Criminal Department, faced the unfavorable situation of an initial bail application being rejected, and conducted professional arguments centered on the core element of "social dangerousness," successfully securing release on bail for the client in just 5 days. This article provides a complete review of the entire defense process in this case and systematically outlines the application conditions, review standards, and remedies after rejection for release on bail, for the reference of defendants and their families at the stage of criminal detention.
I. Case Review: A Bail Application That Was "Shut Down"
1. Basic Information of the Defendant Liu
The defendant in this case, Liu, was criminally detained in accordance with the law on suspicion of a criminal offense. After accepting the commission from the defendant's family, Attorney Deng Xianxiong intervened in the case at the earliest opportunity and submitted an application to modify compulsory measures (release on bail) to a certain branch of the Shenzhen Public Security Bureau in accordance with the law. At that time, not much time had passed since the defendant's detention, and it was still within the golden rescue period for handling criminal cases.
2. First Setback: The "Notice of Decision Not to Modify Compulsory Measures"
However, out of prudent consideration for the investigation of the case, the case-handling authority, on the grounds that "the criminal suspect may collude to give false testimony or flee," issued a Notice of Decision Not to Alter Compulsory Measures in accordance with Article 97 of the Criminal Procedure Law of the People's Republic of China, explicitly deciding not to alter the compulsory measures.
This document is like a high wall. In legal practice, once a public security organ makes a written decision not to alter the compulsory measures, it means that the conventional channel for applying for release on bail pending trial has been closed. If the party concerned continues to be detained, not only will his personal freedom be restricted, but the initiative in subsequent defense will also be greatly weakened. For a criminal defense team, this is a tough battle that must be won.
II. Legal Analysis: Legal Basis and Review Standards for Release on Bail Pending Trial
1. Statutory Conditions for Release on Bail Pending Trial
Release on bail pending trial is not an "act of extra-legal mercy," but one of the compulsory measures explicitly provided for in the Criminal Procedure Law. According to the law, the people's courts, people's procuratorates, and public security organs may release a criminal suspect or defendant on bail pending trial if any of the following circumstances exist:
| Serial Number | Statutory circumstances | Practical Key Points |
|---|---|---|
| 1 | Where the offender may be sentenced to public surveillance, criminal detention, or the independent application of supplementary penalties | The offense is relatively minor and causes little social harm |
| 2 | Where the offender may be sentenced to fixed-term imprisonment or a heavier penalty, and release on bail pending trial would not pose a risk to society | The core elements in dispute in this case |
| 3 | Women who suffer from serious illness and are unable to take care of themselves, are pregnant, or are breastfeeding their own infants | Medical certificates and other materials must be submitted. |
| 4 | Where the detention period has expired but the case has not yet been concluded, and release on bail pending trial is necessary. | Procedural remedies |
Among them, item 2, namely "release on bail pending trial will not create a risk to society," is the basis for most applications for release on bail pending trial in criminal cases, and is also the focus of dispute between the two sides in this case.
2. How exactly is "risk to society" determined?
"Risk to society" is not an abstract concept; the law has clear enumerated provisions on it. It usually includes: the possibility of committing new crimes; a realistic risk of endangering national security, public security, or social order; the possibility of destroying or forging evidence, interfering with witnesses' testimony, or colluding to give false testimony; the possibility of retaliating against the victim, informant, or complainant; and attempting suicide or fleeing.
In determining danger to society, the case-handling authorities must make a comprehensive assessment based on factors such as the nature and circumstances of the case, the party's attitude toward admitting guilt, whether the party has a fixed residence and stable employment, whether the party has a criminal record, and whether the evidence has been secured.The key point is this: danger to society must be proven by the case-handling authorities with evidence, and cannot be based on mere subjective speculation.This is precisely the breakthrough point for the defense in this case.
3. Why are "possible collusion to give false testimony or flight" common reasons for refusal?
In practice, "possible collusion to give false testimony or flight" is the most frequently cited reason when public security organs refuse to alter compulsory measures. The reasons are: on the one hand, this reason has broad coverage and a relatively low threshold of proof; on the other hand, in the early stage of investigation, the evidence system is not yet stable, and the case-handling authority tends to ensure the smooth progress of the investigation through detention.
But this does not mean that this reason is unassailable. When the co-defendants have already been brought to justice, the main evidence has been secured, and the party concerned has a fixed residence and stable social relationships, the speculation of "collusion to give false testimony or flight" lacks a factual basis. What defense lawyers need to do is precisely to dismantle such speculation one by one with specific materials and legal logic.
III. Breaking the Deadlock: The Full 5-Day Rescue Process by Lawyers Shen Jinlong and Deng Xianxiong
1. Immediate Intervention: Meeting and Case Analysis
Faced with this formidable obstacle, Director Shen Jinlong and Attorney Deng Xianxiong did not waver in the slightest. Both lawyers understood well that during the golden rescue period in a criminal case, every second counts—the sooner the client is released, the greater the defense's leverage becomes.
The criminal defense team swiftly activated an emergency plan: arranging a meeting at the earliest opportunity to gain a comprehensive understanding of the case facts and the client's specific circumstances during the investigation stage; simultaneously, obtaining relevant case file information to analyze the nature of the case, the evidentiary situation, and the client's personal background, thereby laying the factual foundation for subsequent arguments regarding social dangerousness.
2. Identifying the Issues: Refuting "Risk to Society" Point by Point
In response to the public security organ's concerns about "possible collusion to give false testimony or flight," the two lawyers quickly adjusted their defense strategy and launched all-round, multi-dimensional relentless efforts:
- Fixed Residence and Stable Social Ties:Submitting to the case-handling authority documentary evidence that the client has a fixed residence, stable employment, and family ties, demonstrating that there is no realistic incentive for flight.
- Evidence Already Secured:Arguing that the principal evidence in the case has already been collected and the circumstances of co-suspects are clearly established, meaning the client lacks the objective conditions to destroy or fabricate evidence or collude with others.
- No Prior Criminal Record:Submitting records showing that the client has no prior criminal convictions, demonstrating that there is no possibility of reoffending.
- Legal argument:Proceeding from the legislative intent of the Criminal Procedure Law regarding release on bail pending trial, they explained the principle for applying criminal compulsory measures that "detention is the exception and release on bail is the norm."
3. Repeated Legal Communication: How to Persuade the Case-Handling Authorities
The two lawyers engaged in multiple rounds of professional, rational, and persistent communication with the case-handling authorities, fully demonstrating to the officers that the client posed no social danger, that there was no realistic possibility of destroying or fabricating evidence or colluding to give false testimony, and that granting release on bail pending trial would not give rise to any social danger.
This kind of communication is not a simple "plea for mercy," but a professional dialogue built on solid legal argumentation. The criminal defense team needs to ground every claim in specific evidence and legal provisions, so that the case-handling authority can confidently make a decision to alter the measures within the framework of handling the case in accordance with the law.
4. Day 5: Release on Bail Pending Trial Successfully Approved
Sincerity moves even stone. Through the unremitting efforts of Director Shen Jinlong and Attorney Deng Xianxiong, the case finally took a favorable turn. From the client’s engagement of the defense team, to the desperate situation of receiving a Notice of Decision Not to Modify Compulsory Measures, and then to the successful approval of release on bail pending trial,only 5 days had passed.
The case-handling authorities ultimately adopted the defense opinions of the two attorneys and lawfully modified the compulsory measures against Liu to release on bail pending trial. When the client stepped out of the detention center's gates and breathed the air of freedom once more, all the running around and sweat were transformed into the greatest comfort for the defense attorneys.
IV. Practical Guide: What Else Can Be Done After a Bail Application Is Denied
1. Five Things Family Members Can Do
| Serial Number | Action | Explanation |
|---|---|---|
| 1 | Promptly retain a professional criminal defense attorney to meet with the detained individual | Only an attorney can lawfully meet with a detained client—this is the first step to understanding the case |
| 2 | Collect materials proving the client poses no social danger | Proof of fixed residence, employment verification, family circumstances, no prior criminal record, etc. |
| 3 | Prepare a guarantor or security deposit | Release on bail pending trial requires providing a guarantor or paying a security deposit |
| 4 | Submit a written application to the case-handling authority | The application should present arguments based on statutory conditions rather than merely stating hardships |
| 5 | Timely Application for Reconsideration or Appeal to the Procuratorate After Denial | A Decision Not to Modify Is Not Final—Avenues for Relief Remain |
2. Three Common Misconceptions
Misconception One: Believing that "release on bail can be bought with money."Release on bail pending trial has strict statutory conditions, and there is no lawful way to "settle it with money." Credulously believing such promises may also involve illegality.
Misconception Two: Believing there is no hope after rejection.Receiving a "Notice of Decision Not to Modify Compulsory Measures" does not mean bail is unattainable—this case is clear proof. The key lies in whether new and persuasive arguments can be presented.
Myth Three: Delaying and Waiting.The golden rescue window in criminal cases is extremely limited. Once the evidence is fully secured and the case grows more complex, obtaining release on bail becomes significantly more difficult.
3. When Must a Criminal Defense Team Be Engaged
In the following circumstances, it is advisable to immediately retain a professional criminal defense team: the party has been criminally detained or arrested; an application for release on bail pending trial has been denied; the case involves multiple individuals and multiple charges with complex legal relationships; the party is an entrepreneur or corporate executive who needs to balance the normal operations of their business; family members have no knowledge of the case and are unable to communicate effectively.
V. Conclusion: The Value of Professional Defense and the Zhiming Criminal Defense Team
Achieving a dramatic reversal within just 5 days after the public security organ had already issued a decision not to alter the compulsory measures requires not only a lawyer's profound legal expertise and extensive practical experience, but also a professional dedication to confronting challenges head-on and never giving up easily.
The "speed miracle" jointly created this time by Director Shen Jinlong and Deputy Director Deng Xianxiong is another powerful proof of the strength of the criminal defense team of Guangdong Zhiming Law Firm. In the future, Zhiming Law Firm will continue to uphold the philosophy of "entrusted by others, loyal to their affairs," and with professional legal competence and the utmost service attitude, protect the lawful rights and interests of every client, and continue to write more miracles on the road of the rule of law.
Frequently Asked Questions (FAQ)
Q: After receiving a Notice of Decision Not to Modify Compulsory Measures, can one apply for release on bail pending trial again?
Yes. A decision not to modify compulsory measures is not a final decision. The party concerned and defense counsel may, after supplementing new evidentiary materials and presenting new legal arguments, apply again to the case-handling authority for a modification of compulsory measures; they may also, in accordance with the law, apply to the people's procuratorate at the same level for a review of the necessity of detention, so as to prompt the procuratorate to supervise the detention measure.
Q: How soon after criminal detention can one apply for release on bail pending trial?
The law does not set a time threshold for applying; an application may be filed from the date of criminal detention. In practice, the earlier the intervention, the better. The "golden rescue period" in criminal cases generally refers to the 37 days following detention, especially the first 30 days, which is the key window for seeking release on bail pending trial.
Q: Once release on bail pending trial is granted, is the case over?
No. Release on bail pending trial is merely a modification of compulsory measures; the case will still proceed through investigation, examination for prosecution, and trial. During the period of release on bail, the party concerned must comply with statutory obligations, such as not leaving the city or county of residence without approval and being available upon summons. Continued follow-up defense by a professional lawyer remains necessary.
The criminal defense team at Guangdong Zhiming Law Firm, led by Director Shen Jinlong and Deputy Director Deng Xianxiong, focuses on criminal defense, bail pending trial, and necessity of detention review, providing clients with full-process legal services.
