Can Someone Detained in China Be Released Before Trial?
Yes, an application can be made, and timing matters. After criminal detention, the police have 3 to 7 days to ask the procuratorate to approve arrest, or up to 30 days for major suspects in cases involving crimes committed across regions, repeatedly (three or more times) or by a group (two or more people). The procuratorate then has 7 days to decide. In total, this can take up to 37 days. This window is the most important time to seek release on bail or to argue that arrest should not be approved.
How the stages work
Chinese criminal procedure separates custody into stages that do not map neatly onto common-law terms:
- Criminal detention (刑事拘留) is the first stage, decided by the police.
- Arrest (逮捕) is a later decision that must be approved by the procuratorate, the state prosecution authority. Once a person is arrested, they usually stay in custody for months while the investigation continues.
- Release on bail pending trial (取保候审, qubao houshen) is the main alternative to custody. The person goes home but must follow conditions while the case continues. It does not end the case.
Three routes to release
1. Release on bail. Under Article 67 of the Criminal Procedure Law, bail may be granted where the person:
- is likely to receive only public surveillance, short-term detention or a supplementary penalty on its own;
- may receive a prison sentence, but release would not create a danger to society;
- is seriously ill or cannot care for themselves, or is a pregnant or breastfeeding woman, and release would not create a danger to society; or
- has reached the end of the legal custody period while the case is unfinished.
2. Non-approval of arrest. Arrest requires evidence that a crime was committed, a likely sentence of at least fixed-term imprisonment, and a finding that bail would not be enough to prevent danger to society (Article 81). The lawyer can submit written arguments to the procuratorate on each of these points before it decides.
3. After arrest. Release is still possible. The lawyer can apply to change the coercive measure, and the authority must decide within 3 days. The lawyer can also ask the procuratorate to review whether continued custody is necessary. See Is release still possible after arrest in China?
Whether bail is granted depends on the nature of the case, the evidence, any risk to others, and the person's health and family situation. The lawyer prepares an application tailored to those facts.
Can a foreign national get bail?
Yes. Nationality does not rule out bail, but some practical points come up more often for foreign nationals:
- A guarantor or a deposit. Bail requires either a guarantor or a cash deposit (Article 68). A guarantor must have no connection with the case, be able to perform the guarantee, and have a fixed residence and income (Article 69). If no guarantor is available, a deposit is the usual route.
- A place to live in China. Bail is supervised by the local police station where the person lives. For foreign nationals, the rules allow this to be the place where they are temporarily staying.
- Passport. The authority can require the person to hand over their passport and other travel documents (Article 71).
- No leaving China. Under Article 28 of the Exit and Entry Administration Law, a foreign national who is a criminal suspect or defendant may not leave China. Release on bail does not change this.
- Residential surveillance instead. If the conditions for bail are met but the person can provide neither a guarantor nor a deposit, the authority may use residential surveillance instead (Article 74). Normally this is served at home. For someone without a fixed residence, it can be carried out at a designated place. Residential surveillance at a designated place can be more restrictive than ordinary bail.
What bail requires. While on bail, the person must not leave their city or county without approval, must report any change of address, job or contact details within 24 hours, must attend when summoned, and must not interfere with witnesses or tamper with evidence. Breaching these conditions can lead to forfeiture of the deposit and to arrest.
Related matters: Individual detained on shifting charges and Employee detained in an illegal fundraising investigation (arrest not approved in both); Manager accused of embezzlement and misappropriation of company funds and Manager accused of embezzlement and commercial bribery (both released on bail).
Legal basis (October 2026)
- Criminal Procedure Law of the People's Republic of China, Articles 67, 68, 69, 71, 74, 75, 81, 91 and 97
- Exit and Entry Administration Law of the People's Republic of China, Article 28
- Provisions on Several Issues Concerning Release on Bail Pending Trial (2022), Article 16
- Provisions on the Review and Assessment of the Necessity of Custody (Supreme People's Procuratorate and Ministry of Public Security)
This page is for general information only. It is not legal advice on any specific matter, and reading it does not mean that legal services are being provided or that a lawyer–client relationship has been formed. To discuss your matter, please contact the author.
Want to talk through your situation?
If the matter is urgent, call or message on WeChat. You can also send an enquiry describing where the matter is, its current stage and your main question.