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

在刑事辩护实务中，取保候审往往是当事人及家属最迫切的需求，也是最考验律师专业功底的环节。当公安机关已经下达《不予变更强制措施通知书》，意味着常规取保路径被正式关闭，辩护难度成倍上升。本案中，广东知明律师事务所主任沈金龙律师与副主任兼刑事部主任邓先雄律师组成的深圳刑事辩护团队，在首次取保申请被驳回的不利局面下，围绕”社会危险性”这一核心要件展开专业论证，仅用 5 天便成功为当事人办理取保候审。本文完整复盘该案辩护全过程，并系统梳理取保候审的申请条件、审查标准与被拒后的救济路径，供处于刑事拘留阶段的当事人及家属参考。

一、案情回顾：一次被”封死”的取保申请

1. Basic Information of the Party Liu Moumou

The client in this case, Liu Moumou, was subjected to criminal detention in accordance with law on suspicion of a criminal offense. After accepting the entrustment of the client's family members, Attorney Deng Xianxiong intervened in the case at the earliest opportunity and, in accordance with law, submitted to a branch of the Shenzhen Municipal Public Security Bureau an application to alter the compulsory measure (release on bail pending trial). At that time, it had not been long since the client was detained, and the case was in the golden rescue period for handling criminal cases.

2. First Setback: Notice of Refusal to Alter Compulsory Measures

然而，办案机关出于对案件侦办工作的审慎考量，以”犯罪嫌疑人可能串供或者逃跑”为由，依据《中华人民共和国刑事诉讼法》第九十七条之规定，下达了《不予变更强制措施通知书》，明确决定不予变更强制措施。

This document is like a towering wall. In legal practice, once the public security organ issues a written decision not to alter the compulsory measure, it means the ordinary channel for applying for release on bail pending trial has been closed. If the client remains in custody, not only will personal liberty be restricted, but the defense’s initiative in subsequent proceedings 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

取保候审并非”法外开恩”，而是《刑事诉讼法》明确规定的强制措施之一。根据法律规定，人民法院、人民检察院和公安机关对有下列情形之一的犯罪嫌疑人、被告人，可以取保候审：

其中第 2 项即”采取取保候审不致发生社会危险性”，是绝大多数刑事案件取保候审申请的落脚点，也是本案双方争议的焦点。

2. “社会危险性”究竟如何认定

“社会危险性”不是一个抽象概念，法律对其有明确的列举式规定。通常包括：可能实施新的犯罪；有危害国家安全、公共安全或者社会秩序的现实危险；可能毁灭、伪造证据，干扰证人作证或者串供；可能对被害人、举报人、控告人实施打击报复；企图自杀或者逃跑。

To determine social dangerousness, case-handling authorities must make a comprehensive assessment by taking into account 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 or prior misconduct, and whether the evidence has been secured.The key point is that social dangerousness must be proven by the case-handling authorities through evidence, and cannot be based merely on subjective speculation.This is precisely the breakthrough for the defense in this case.

3. 为什么”可能串供、逃跑”是常见拒绝理由

在实务中，”可能串供或者逃跑”是公安机关不予变更强制措施时引用频率最高的理由。原因在于：一方面，该理由覆盖面广、证明门槛相对较低；另一方面，侦查初期证据体系尚未稳固，办案机关倾向于通过羁押保障侦查顺利进行。

但这并不意味着该理由无懈可击。当同案犯已经到案、主要证据已经固定、当事人有固定住所和稳定社会关系时，”串供、逃跑”的推测就缺乏事实基础。辩护律师要做的，正是用具体材料和法理逻辑，把这种推测逐条瓦解。

III. Path to Breaking the Deadlock: The Complete Five-Day Rescue Process of Lawyers Shen Jinlong and Deng Xianxiong

1. Immediate Intervention: Meeting and Case Analysis

Confronted with this enormous obstacle, Director Shen Jinlong and Attorney Deng Xianxiong were not discouraged in the slightest. Both lawyers well understood that in criminal cases, every second of the golden rescue period counts—if the client is released even one day earlier, the defense gains one more measure of initiative.

The criminal defense team promptly activated its contingency plan: it arranged a meeting at the earliest opportunity to gain a comprehensive understanding of the facts of the case and the client’s specific situation during the investigation stage; at the same time, it obtained relevant information from the case file and sorted out the nature of the case, the status of the evidence, and the client’s personal circumstances, thereby laying a factual foundation for the subsequent argument regarding dangerousness to society.

2. 锁定争点：逐条驳斥”社会危险性”

针对公安机关”可能串供或逃跑”的顾虑，两位律师迅速调整辩护策略，展开全方位、多维度的不懈努力：

• Fixed residence and stable social relationships:Submit to the case-handling authority supporting documents showing that the client has a fixed residence, stable employment, and family ties, in order to argue that the client has no realistic motive to flee.
• Evidence has been secured:Demonstrate that the main evidence involved in the case has already been collected in the case file, that the circumstances of the persons involved in the same case are clear, and that the party lacks the objective conditions to destroy or forge evidence or collude to give false testimony.
• No prior criminal record or misconduct:Submit records showing that the party has no prior criminal record to establish that there is no possibility of reoffending.
• Legal argument:从《刑事诉讼法》关于取保候审的立法本意出发，阐明”羁押为例外、取保为常态”的刑事强制措施适用原则。

3. Repeated Communication on Legal Principles: How to Persuade the Case-Handling Authorities

The two lawyers communicated with the case-handling authority on multiple occasions in a professional, rational, and persistent manner, fully arguing to the case handlers that the client posed no social dangerousness, that there was no realistic possibility of destroying or fabricating evidence or colluding to make false statements, and that granting release on bail pending trial would not give rise to social dangerousness.

这种沟通不是简单的”求情”，而是建立在扎实法律论证之上的专业对话。刑事辩护团队需要把每一项主张都落到具体证据和法条上，让办案机关在依法办案的框架内，能够放心地作出变更决定。

4. Day 5: Release on Bail Pending Trial Successfully Approved

Absolute sincerity can move even metal and stone. Through the unremitting efforts of Director Shen Jinlong and Attorney Deng Xianxiong, the case finally took a turn for the better. From being retained by the client, to the desperate impasse of receiving the Notice of Decision Not to Change Compulsory Measures, and then to successfully obtaining approval for release on bail pending trial,Only five days have passed..

The authorities handling the case ultimately adopted the defense opinions of the two lawyers and, in accordance with the law, changed the compulsory measure against Liu XX to release on bail pending trial. When the client stepped out of the detention center gate and breathed freely again, all the legwork and sweat turned into the greatest gratification for the defense lawyers.

IV. Practical Guide: What Else Can Be Done After Release on Bail Pending Trial Is Denied

1. Five Things Family Members Can Do

2. Three Common Misconceptions

误区一：以为”花钱就能取保”。取保候审有严格法定条件，不存在”花钱摆平”的合法途径，轻信此类承诺还可能涉嫌违法。

Misconception 2: Thinking that being rejected means all hope is lost.Receiving a Notice of Refusal to Change Compulsory Measures does not mean that release on bail pending trial is hopeless; this case is clear proof of that. The key lies in whether new and persuasive arguments can be presented.

Misconception 3: Delay and Wait-and-See.The golden rescue period in criminal cases is extremely limited; once the evidence is fully secured and the case becomes more complex, obtaining release on bail pending trial will become significantly more difficult.

3. When must a criminal defense team intervene?

In any of 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 rejected; the case involves multiple persons and multiple charges, and the legal relationships are complex; the party is an entrepreneur or corporate executive and needs to ensure the normal operation of the enterprise; or the family members know nothing about the case and cannot communicate effectively.

V. Conclusion: The Value of Professional Defense and the Zhiming Criminal Defense Team

Even after the public security organ had already decided against modification, pulling off an against-the-odds turnaround in just five days requires not only a lawyer's profound legal knowledge and extensive practical experience, but also a dedicated professionalism that dares to take on tough challenges and never gives up easily.

沈金龙主任与邓先雄副主任此次联手缔造的”速度奇迹”，是广东知明律师事务所刑事辩护团队实力的又一次有力证明。未来，知明所将继续秉持”受人之托，忠人之事”的理念，以专业的法律素养和极致的服务态度，为每一位当事人的合法权益保驾护航，在法治的道路上继续书写更多奇迹。

Frequently Asked Questions (FAQ)

Q: After receiving the Notice of Decision Not to Change Compulsory Measures, can one apply again for release on bail pending trial?

Yes. A decision not to modify compulsory measures is not final. 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 modification of the compulsory measures; they may also, in accordance with law, apply to the people's procuratorate at the same level for a review of the necessity of detention, thereby prompting the procuratorial authority to supervise the detention measure.

Question: How long after criminal detention can one apply for release on bail pending trial?

法律没有设置申请的时间门槛，从被刑事拘留之日起即可申请。实务中，越早介入越好。刑事案件的”黄金救援期”通常指拘留后的 37 天内，尤其是前 30 天，是争取取保候审的关键窗口。

Q: Once release on bail pending trial is approved, is the case over?

No. Release on bail pending trial is merely a change in compulsory measures; the case will still proceed through investigation, examination for prosecution, and trial. During the period of release on bail, the person concerned must comply with statutory obligations, such as not leaving the city or county of residence without approval and appearing whenever summoned. Going forward, a professional lawyer will still be needed to continue following up on the defense.

The criminal defense team of Guangdong Zhiming Law Firm, led by Director Shen Jinlong and Deputy Director Deng Xianxiong, focuses on criminal defense, release on bail pending trial, review of the necessity of detention, and other practices, providing clients with full-process legal services.