Ziyu Jiang is a criminal defense attorney at Longyuan Law Partners in Lanzhou, specializing in bail applications and pretrial detention matters for foreign nationals in China. With 10 years of experience, she has handled over 200 bail petitions and detention review cases across Gansu Province and neighboring regions.

Ms. Jiang graduated from Peking University Law School and has developed a focused practice on the critical window between detention and formal arrest — the period where skilled advocacy can make the difference between release on bail and months of pretrial detention.

⚖️ Core Practice Areas

• ⚖️ Bail pending trial applications — guarantor (baozheng ren) and deposit (baozheng jin) methods
• 🛡️ Detention review hearings — Article 95 Criminal Procedure Law submissions
• 📜 Arrest approval defense — preventing formal arrest during the 37-day investigation period
• 💼 Supervised release compliance — travel restrictions, reporting obligations

The Bail System in China

Chinese law provides for bail pending trial (qubao houshen) under Article 67 of the Criminal Procedure Law. A suspect may obtain bail through either a guarantor (a person who vouches for the suspect's appearance) or a cash deposit. The minimum deposit is typically RMB 5,000, though amounts vary based on the severity of the alleged offense and the suspect's financial circumstances.

Bail is available when the court or procuratorate determines that releasing the suspect will not create a danger to society and will not impede the investigation. Article 67 specifically lists four scenarios where bail should be considered: minor offenses with light potential sentences, cases where the suspect would not create social danger, cases involving special circumstances such as pregnancy or serious illness, and cases where the investigation period has expired without sufficient evidence for arrest.

Article 95 of the Criminal Procedure Law grants the defense lawyer the right to apply for detention review at any point during the investigation. The procuratorate must respond within 7 days. This provision is one of the most powerful tools available to defense counsel, yet it remains underutilized by lawyers unfamiliar with criminal procedure.

Restrictions During Bail

Article 71 of the Criminal Procedure Law specifies the obligations of a released suspect: no departure from the city or county of residence without approval, reporting changes of address and occupation, appearing before authorities when summoned, and not interfering with witnesses or destroying evidence. Foreign nationals face the additional restriction of surrendering their passport in most cases, effectively preventing international travel.

Violating bail conditions has serious consequences. Under Article 71, paragraph 3, the public security organ may revoke bail and order formal arrest if conditions are breached. The deposit may also be partially or fully forfeited.

Ms. Jiang advises foreign clients to prepare a compelling bail package: a detailed personal statement, evidence of community ties, employment verification, and a clear proposed guarantor. The guarantor must be a Chinese citizen or permanent resident with stable income and no criminal record, making this requirement particularly challenging for foreign nationals who may not have such connections.