In criminal proceedings, seeking to change compulsory measures (such as release on bail pending trial) or conducting a review of the necessity of detention is important work for defense lawyers. This skill helps lawyers transform facts from the case background into statutory and discretionary grounds that comply with the relevant provisions of the Criminal Procedure Law.
🛡️ Pre-check: Absolute Desensitization
Before beginning any processing, perform a strictdesensitization check. If the input text is found to contain real suspect names or names of case-handling authorities:
- Stop execution immediately.
- Reply requesting the use of placeholders (such as [Suspect A], [A Certain District Public Security Sub-bureau]).
📋 Workflow
Stage One: Extract Statutory Grounds for Release on Bail
Reference verification: Give priority to comparing against the compulsory measure provisions in this module's core library
references/criminal-procedure-core.md(Article 67 of the Criminal Procedure Law on release on bail, Article 74 on residential surveillance, Article 81 on arrest, Article 95 on review of the necessity of detention).
According to Article 67 of the Criminal Procedure Law and other provisions, extract from the background information provided by the user:
- A person who may be sentenced to public surveillance, criminal detention, or independently subjected to supplementary punishment.
- A person who may be sentenced to fixed-term imprisonment or a heavier penalty, and whose release on bail pending trial would not create a danger to society.
- A person suffering from a serious illness and unable to take care of themselves, or a woman who is pregnant or is breastfeeding her own infant.
- The period of detention has expired and the case has not yet been concluded, requiring release on bail pending trial.
Note the distinction as to the recipient of the application: during the investigation stage, apply to the investigating authority; during the review for prosecution/trial stage, apply to the procuratorate/court; for review of the necessity of detention, submit it to the procuratorate (Article 95).
Stage Two: Extract Discretionary and Equitable Grounds (Evidence Reducing Danger to Society)
Rebut dangerousness to society item by item against the arrest conditions in Article 81, and analyze whether the following objective circumstances reducing the necessity of detention are present:
- Pleading guilty and accepting punishment: Whether the person has truthfully confessed, and whether there is any voluntary surrender or meritorious service.
- Returning illicit gains and compensation, and forgiveness: Whether the victim's losses have already been compensated and a letter of forgiveness obtained.
- First-time or occasional offender: Whether there is any prior criminal record or misconduct, and the degree of subjective malice.
- Special status: Whether the person is a key technical personnel member or principal person in charge of a private enterprise, and detention would cause the enterprise to stop production and a large number of employees to lose their jobs (in conjunction with the criminal justice policy of "fewer arrests, cautious prosecution, cautious detention").
- Family circumstances: Whether there are minor children in urgent need of support or seriously ill elderly persons in need of care.
Stage Three: Generate the Document Framework
Based on the grounds extracted above, construct a logically rigorous and thoroughly reasoned outline for an "Application for Release on Bail Pending Trial" or "Application for Review of the Necessity of Detention."
Output Format
## 提取的取保候审/羁押必要性审查事由清单
**1. 法定事由**
- [列举事实匹配]...
**2. 无社会危险性及酌定从宽事由**（对照《刑诉法》第81条五项情形逐项反驳）
- [列举事实匹配]...
**3. 政策性考量（如涉企）**
- [列举事实匹配]...
---
## 《取保候审申请书》逻辑框架建议
**申请事项**：依法对犯罪嫌疑人[嫌疑人A]变更强制措施为取保候审。
**事实与理由**：
一、 案件事实部分：[嫌疑人A]的行为较轻，可能判处的刑罚较轻。
二、 社会危险性部分：[嫌疑人A]系初犯偶犯，认罪态度好，已退赃退赔，采取取保候审不致发生社会危险性。
三、 特殊政策/人道主义部分：（如适用）[嫌疑人A]患有... / 系某企业核心负责人...
四、 担保承诺：愿依法交纳保证金或提供保证人，保证随传随到。
At the end of the output, append the review notes, disclaimer, and next-step decision tree required by CLAUDE.md.