Not being able to release on bail is not the greatest indication of the offender

No, the inability to release on bail pending further investigation is because the criminal suspect does not meet the conditions for release on bail pending further investigation.

Conditions for release on bail pending further investigation:

1. A written decision to release on guarantee pending further investigation that might be sentenced to controlled release, short-term detention, or independently applying an additional sentence;

2. A sentence of fixed-term imprisonment or higher might be imposed, and release on guarantee pending further investigation would not cause danger to society;

3. Women who should be arrested in accordance with the law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or nursing their babies;

4．.Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient.

5. Criminal suspects or defendants who have already been arrested and detained cannot conclude the case within the legally-prescribed time limits for investigation and detention, review for prosecution, and first-instance or second-instance trials, and the adoption of release on guarantee pending further investigation is not harmful to society.

6．.Criminal suspects who hold valid passports or other valid exit documents and may leave the country to evade investigation, but do not need to be arrested.

People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months.

Where, during the second-instance trial period of the people's court, the criminal suspect's detention period has already exceeded the fixed-term imprisonment sentenced by the first-instance court, release on guarantee pending further investigation is also applicable. Criminal suspects, their legally-designated persons, and close relatives may also apply for release on guarantee pending further investigation.

It is the court that considers that the suspect is likely to cause harm to society. It is not the same as the size of the crime.

Your question is not clear: according to the law, repeat offenders and those who have been sentenced to more than three years cannot be released on bail pending trial.

Legal analysis: It needs to be viewed according to the circumstances of the case. Whether or not the case can be released on bail pending trial is not necessarily related to whether the case is serious or not.

It is not necessary that the case is released on bail pending trial and that the case is not approved. Repeat offenders, principal offenders of criminal groups, criminal suspects who evade investigation by means of self-injury or self-harm, and criminal suspects of serious violent crimes or other serious crimes must not be released on guarantee pending further investigation.

Legal basis: Article 78 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs": Repeat offenders, principal offenders of criminal groups, suspects in Jingchun Prefecture who evade investigation by means of self-injury or self-harm, and suspects of serious violent crimes and other serious crimes shall not be released on bail pending further investigation.

According to Article 38 of the Supreme People's Procuratorate Rules, the People's Procuratorate shall not release on guarantee pending further investigation of criminal suspects who seriously endanger public security, as well as other criminal suspects whose crimes are heinous in nature and where the circumstances are serious.

Legal analysis: Is it not serious that you cannot be released on bail pending trial: No, according to the provisions of relevant laws in China, 1. Whether you can be released on bail pending trial is not directly related to whether or not to give a suspended sentence. 2. It can only be said that those who can be released on bail pending trial are those who have committed relatively minor crimes, and the chances of a suspended sentence are also greater.

Legal basis: Article 72 of the Criminal Procedure Law: For criminals sentenced to short-term detention or up to three years imprisonment, and the following conditions are met at the same time, a suspended sentence may be announced, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Legal analysis: China's law does not specify which crimes cannot be released on bail pending trial, but it stipulates which crimes can be released on bail pending trial, relatively speaking, the crimes that cannot be released on bail pending trial mainly refer to the circumstances that do not comply with Article 67 of the Criminal Procedure Law.

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

China's law does not specify which crimes cannot be released on bail pending further investigation, but it does stipulate which crimes can be released on bail pending further investigation, relatively speaking, the crimes that cannot be released on bail pending further investigation mainly refer to situations that do not comply with Article 67 of the Criminal Procedure Law.

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher punishment might be given, and release on guarantee pending further investigation would not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause the risk of social content decaying;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not cause danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Legal Analysis] Criminal suspects or defendants under residential surveillance shall comply with the following provisions: (1) They must not leave the premises where they are under residential surveillance without the approval of the enforcement organs; (2) Without the approval of the enforcement organ, they must not meet with others or communicate with others; (3) Promptly appear in the case at the time of arraignment; (4) Witnesses must not be interfered with in any form to testify; (5) Evidence must not be destroyed or fabricated or colluded confessions; (6) Deliver passports and other entry-exit documents, identity documents, and driver's licenses to the enforcement authorities for safekeeping.

Legal basis] Criminal Procedure Law of the People's Republic of China》 Article 95: After a criminal suspect or defendant is arrested, the people's procuratorate shall still conduct a review of the necessity of detention. Where it is not necessary to continue detention, it shall be recommended that they be released or that the compulsory measures be modified. The relevant organs shall notify the people's procuratorate of the disposition within 10 days.

Article 99: People's courts, people's procuratorates, or public security organs shall release, lift release on guarantee, residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose legally-prescribed period of compulsory measures has expired. Criminal suspects or defendants and their legally-designated persons, close relatives or defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates or public security organs.