Does the release of aggravated injury bail help with a suspended sentence?

In judicial practice, if the criminal suspect has a good attitude in admitting guilt after intentionally causing serious injury, compensates the victim's losses, and obtains the victim's or the victim's close relatives' forgiveness, the three departments of the public security, procuratorate, and law may release the criminal suspect on guarantee pending further investigation if the criminal suspect applies or another person applies on his behalf. 1. According to the provisions of China's current laws, in any of the following circumstances, the judicial departments "may" or "shall" apply release on guarantee to the criminal suspect or defendant. (1) Where a sentence of controlled release, short-term detention, or an additional sentence might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who should be arrested in accordance with law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or breastfeeding their own 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 the method 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.

The condition for a suspended sentence is a fixed-term imprisonment of less than three years, and the sentence for serious injuries is 3 to 10 years inclusive, so a suspended sentence can be imposed if a serious injury can be sentenced to three years of imprisonment. Don't think about a suspended sentence for three years and one day. Bail is definitely helpful for a suspended sentence, because after a few days of bail you are out and you are sentenced to a heavy sentence, what is the use of putting you in prison, it is troublesome.

Those who live in it for one day are worth one day's sentence. If you can get out on bail pending trial, the probability of a suspended sentence is more than 50%.

1. Whoever intentionally causes serious injury to a person is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and there is no possibility of a suspended sentence.

2. Serious injury caused by negligence, and a suspended sentence may be possible.

3. Bail does not necessarily mean that a suspended sentence will be imposed.

4. Voluntary surrender may be commuted or mitigated, but it does not necessarily mean that the sentence can be suspended. There are several types of voluntary surrender, which can generally reduce the base sentence by 10%-40%.

Actively compensating the injured during the period of bail and obtaining the forgiveness of the injured person is helpful in mitigating the punishment.

Release on bail is not directly related to how the verdict is made. In the crime of intentional injury, if the victim can be actively compensated and forgiveness can be obtained, a lighter or commuted punishment may be sought.

The law stipulates: Article 65 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 under 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 and residential surveillance are to be enforced by the public security organs.

Legal Analysis: No. Whoever intentionally injures the body of another person causing serious exhumation and search for injuries is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Suspended sentences apply to criminals who have been sentenced to short-term detention or fixed-term imprisonment of less than three years; Release on guarantee pending further investigation is applicable to criminals who may be sentenced to fixed-term imprisonment or higher, and who will not be dangerous to society if released on guarantee pending further investigation is employed.

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 sentence 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 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 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.

Article 69 The guarantor must meet the following conditions:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

3) Enjoy political rights and have not had their personal liberty restricted;

4) Have a fixed place of residence and income.

Generally, no. According to the provisions of the relevant laws of our country, if an intentional injury causes serious injury to another person, the circumstances of the crime are relatively serious, and he will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and the object of probation is criminals who are sentenced to fixed-term imprisonment of less than three years, so generally cannot apply for probation, nor can they apply for release on bail pending further investigation.

Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China.

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 sentence might be given to controlled release, short-term detention, or the independent application of an additional punishment;

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 bail pending trial so that there is no 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 72 of the Criminal Law of the People's Republic of China.

Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following auspicious requirements, 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) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

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.

Summary. Legal basis: Article 79 of the Criminal Procedure Law of the People's Republic of China: 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, and residential surveillance must not exceed 6 months.

During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted. Where release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.

There were several cases before bail was released, and then after bail, how long did it take to fall a baby and cause serious injuries.

If it is a minor injury, how long will it take?

Hello, legal analysis: How to sentence minor injuries after being released on bail pending trial: will be sentenced to the crime of intentional injury If you intentionally injure others during the period of release on bail pending trial, you will be suspected of the crime of intentional injury.

Where a criminal suspect released on guarantee pending further investigation commits another crime during the period of release on guarantee, release on guarantee pending further investigation will be lifted. The court will pronounce sentences in both cases together and impose a combined penalty for several crimes.

Legal basis: Article 79 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs must not exceed 12 months for a criminal suspect or defendant to be released on guarantee pending further investigation, and residential surveillance must not exceed 6 months. During the period when Chi Tan is not released on bail pending further investigation or under residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted.

Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted. Where release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.

Hello, minor injuries are sentenced to up to three years in prison.

Sentenced to several years. How long is the sentence for serious injury.

Hello, serious injuries are sentenced to more than 3 years and less than 7 years.

Legal Analysis: After being released on bail pending trial, he intentionally injured others and caused minor injuries to others, which is suspected of the crime of intentional injury. Where a criminal suspect who has been released on bail pending further investigation commits a new crime during the period of release on bail pending further investigation, the court will pronounce a verdict in both cases and give a heavier punishment.

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) Those who might be sentenced to controlled release, short-term detention, or independently applying supplementary punishments;

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 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.

Article 69 The guarantor must meet the following conditions:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

3) Enjoy political rights and have not had their personal liberty restricted;

4) Have a fixed place of residence and income.

There is no direct connection between release on bail pending further investigation and whether or not to impose a real sentence, release on bail pending further investigation is only a compulsory measure, and whether or not to impose a real sentence needs to be determined according to the specific circumstances of the case. In accordance with provisions, 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 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;

1. Can a person who has been sentenced to a suspended sentence still be released on bail pending trial?

Release on bail pending further investigation is one of the compulsory measures taken by the judicial authorities in criminal proceedings, which is aimed at the criminal suspect or defendant who is suspected of a relatively minor crime, and under normal circumstances, there will be no danger to society if he is not detained. 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 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 would not result in a social danger or danger;

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. It can be seen from this that release on bail pending further investigation is aimed at criminal acts that are less likely to be dangerous to society if the circumstances are relatively minor and the danger to society will not occur if they are not detained. Release on guarantee pending further investigation is to be enforced by the public security organs in accordance with law.

3. Can a suspended sentence be given to a person released on bail pending trial while breastfeeding?

Release on bail pending further investigation while breastfeeding cannot be deducted from the sentence, as bail pending further investigation is a criminal coercive measure, not a form of punishment, so it cannot be deducted from the sentence after the sentence.

In accordance with article 67 of the Criminal Procedure Law, 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 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 67 of the Criminal Procedure Law of the People's Republic of China: 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.

Where, during the period of release on bail pending trial, intentionally injure others, causing minor injuries to others, is suspected of the crime of intentional injury. If a criminal suspect released on bail commits another crime during the period of release on bail, the court will pronounce a verdict in both cases and give a heavier punishment, and punish the multiple crimes concurrently. According to the relevant laws and regulations of our country, whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

However, where the parties have a good attitude in admitting their mistakes, or have received forgiveness from the victims, a lenient sentence may be given.

1. How long is the minimum sentence for minor injuries?

According to the relevant laws and regulations of our country, where criminals intentionally injure the bodies of others, harming the right to physical health of others, causing the victim to suffer minor injuries or more, it constitutes the crime of intentional injury, and will be sentenced to up to three years imprisonment, short-term detention or controlled release in accordance with law. The people's court makes a judgment in accordance with law on the basis of the specific circumstances of the case, and the minimum sentence for the crime of intentional injury is controlled release, and where intentional injury causes minor injury to others, the minimum sentence may be three months of controlled release.

2. Can a second-degree minor injury be punished?

The second degree of minor injury is suspected of the crime of intentional injury, and the crime of intentional injury is a reference point of up to three years imprisonment, short-term detention, and controlled release.

1) Where intentional injury causes minor injury to one person, the injury is close to a slight injury, the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, it is a short-term detention sentence or controlled release sentence;

2) Intentionally injuring the body of another person, and although it constitutes a slight injury, but the injury is close to a slight injury, it is to be 6 months imprisonment; if the injury is between mild and severe, it shall be sentenced to one year's imprisonment; where the injury is close to serious injury, the sentence is one year and six months imprisonment.

Article 234 of the Criminal Law [Intentional Injury; Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

3. What to do if you are criminally detained on suspicion of intentional wounding.

Persons suspected of intentionally injuring others may also apply for release on guarantee pending further investigation after being criminally detained and sentenced in accordance with law. where the crime of intentional injury is constituted, the sentence is generally up to three years imprisonment, short-term detention, or controlled release. The crime of intentional injury refers to the act of intentionally injuring the body of another person.

Article 234 of the Criminal Law of the People's Republic of China.

Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.