AI summarySpecial Declaration: This article is an original work by Attorney Shao Shiwei. It represents only the personal views of the author and does not constitute legal consultation or legal advice on specific matters. For article reprints, legal consultations, or professional exchanges, please add: sswls66. Professional answers from Attorney Shao Shiwei.
Special Declaration: This article is an original work by Attorney Shao Shiwei. It represents only the personal views of the author and does not constitute legal consultation or legal advice on specific matters. For article reprints, legal consultations, or professional exchanges, please add: sswls66.
Professional answers from Attorney Shao Shiwei
1. The potential sentence ultimately imposed may be relatively light, such as in cases of drunk driving (dangerous driving) or the crime of aiding information network criminal activities.
2. Considerations from the perspective of social danger. This applies to individuals who are elderly, weak, ill, disabled, or pregnant, or where the judicial authorities deem that releasing the actor on bail pending trial will not pose a social danger (for example, in rape cases, if release on bail might pose a certain risk to the victim).
3. Cases where the detention period is about to exceed the statutory limit.
4. Other circumstances considered by judicial authorities in practice.
(1) Risk of collusion (e.g., when co-defendants are at large).
(2) Cases requiring audit (e.g., determining whether the subject matter involved in the crime of illegal business operations constitutes illegal publications).
(3) The evidence held by the public security organs is insufficient, and it is uncertain whether the actor’s conduct constitutes a crime.
(4) Overcrowding in detention centers (e.g., during the pandemic, due to limited space in detention centers, parties who would otherwise have been detained might instead be released on bail pending trial or placed under residential surveillance).
(5) Cross-regional case handling (e.g., Shanghai police handling a case involving a party residing in Hainan).
Precautions during the period of release on bail pending trial:
Be available upon summons; report to authorities before leaving the city or county. Violation may result in detention; please take note.
