Can the period of release on bail be offset by probation?

Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. A system in which a specific investigation body conducts an examination of a convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the convict's performance during the probationary period. Release on guarantee pending further investigation refers to compulsory measures taken by a people's court, people's procuratorate, or public security organ in a criminal proceeding to order a criminal suspect or criminal defendant to provide a guarantor or pay a guarantee deposit to ensure that he is always available.

With regard to the conditions for the application of release on guarantee pending further investigation, article 67 of the Criminal Procedure Law clearly stipulates that the 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 person might be sentenced to controlled release, short-term detention, or an additional punishment may 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 taking release on guarantee pending further investigation will not cause danger to society; (4) 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.

The main differences between probation and release on bail are that the procedures are different; A person who has been released on bail pending further investigation has not been legally sentenced may be exempted from criminal responsibility (serving a sentence), while a suspended sentence is a sentence that has already been pronounced through legal procedures. and have a sentence in accordance with the law. Second, the executive departments are different; Release on bail pending further investigation is to be enforced by the public security organs, and the probation court pronounces the sentence and is enforced by the department (prison) that serves the sentence.

According to the provisions of the Criminal Procedure Law, release on bail pending further investigation is not deductible from the sentence because it does not detain a person

The period of release on bail pending further investigation may not be used to offset the sentence. Only detention can be used to deduct the sentence. If the criminal is sentenced to controlled release, one day of detention shall be deducted from the sentence of two days; If they are sentenced to short-term detention or fixed-term imprisonment, one day of their sentence is to be reduced for each day of detention.

Release on bail pending further investigation is not custodial, and release on bail does not restrict the personal liberty of the criminal suspect or defendant, so the sentence is not deductible.

Legal basisArticle 41 of the Criminal Law of the People's Republic of China.

Calculation and Deduction of Controlled Sentences] The period of controlled imprisonment is calculated from the date of enforcement of the judgment; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by 2 days for each day of detention.

Article 47.

Calculation and Deduction of Fixed-term Imprisonment] The sentence of fixed-term imprisonment is calculated from the date of execution of the judgment; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

How long after release on bail pending trial is not sentenced to safety.

Bail pending trial is generally set within 12 months, and as long as it does not constitute a crime, it will not be sentenced, which does not mean that as long as you do not convict after committing a crime, you will be safe.

The period of release on bail pending further investigation is generally determined by the judicial organs on the basis of the facts of the case, and may not exceed 12 months. If it is ultimately determined that a crime has been constituted and it is necessary to pursue criminal responsibility in accordance with law, they will be sentenced.

Legal Analysis: Release on bail pending trial cannot be used to offset the sentence; The term of the controlled sentence is calculated from the date of enforcement of the judgment; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by 2 days for each day of detention, and the sentence for short-term detention is calculated from the date on which the judgment is enforced; Where a ruler is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

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 independent application of an additional punishment might be given;

(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 taking release on guarantee pending further investigation will not cause danger to society;

(4) 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.