Will there be a sentence after being released on bail pending trial?

Release on bail pending further investigation is only a coercive measure in the course of criminal proceedings, and does not mean that a sentence of imprisonment or more will not be imposed. Whether he will go to prison will be known until the judicial authorities have further trial. The maximum period of release on guarantee must not exceed 12 months.

In cases where the people's procuratorate decides to release a criminal suspect on guarantee pending further investigation, the public security organ responsible for enforcement shall notify the people's procuratorate that made the decision 15 days before the expiration of the period for release on guarantee pending further investigation. The people's procuratorate shall make a decision to lift release on guarantee or modify the compulsory measures before the period for release on guarantee is completed, and notify the public security organs to enforce it.

Where the people's procuratorate decides to release a criminal suspect on guarantee pending further investigation by means of a guarantee deposit, and the criminal suspect has not violated the provisions of article 56 of the Criminal Procedure Law during the period of release on guarantee pending further investigation, and has not intentionally committed another crime, the people's procuratorate shall notify the public security organ to return the guarantee deposit when the release on guarantee is lifted.

Compared with foreign bail systems, China's bail system has its own characteristics. According to the provisions of the Criminal Procedure Law, release on bail pending further investigation refers to a compulsory method whereby the three organs of the public security, procuratorate, and law order a criminal suspect or defendant to provide a guarantor or pay a guarantee deposit in accordance with the law in criminal proceedings, so as to guarantee that the criminal suspect or defendant will not evade investigation and trial, and that the criminal suspect or defendant will be summoned at any time.

Such coercive measures can not only prevent criminal suspects and defendants from being detained, make them take care of their families or engage in their original work and labor, and do something beneficial to society, but also make them feel that the state and society care for them, and can also reduce the state's expenses for the living and management expenses of detainees, thereby reducing the pressure on the work of detention facilities.

The sentence still depends on the facts of the case. If it is finally found clear that there are criminal facts, then it will definitely be sentenced, and as for the sentencing, it also depends on the circumstances of the case, but generally being released on bail also means that the case is not very serious, and the sentence may be suspended if the sentence is less than three years.

Depending on the specific situation, release on bail pending trial is aimed at criminal suspects who have committed relatively minor crimes and are not dangerous to society, etc., which is a premise, that is, the person concerned faces the possibility of being criminally prosecuted and is a criminal suspect. If the investigation of the case is completed and the case is transferred for review for prosecution, it may be sentenced to a criminal punishment; If the case is not prosecuted or withdrawn in the end, it will naturally not be pursued for criminal responsibility. The maximum period for release on guarantee pending further investigation is 12 months, and if the release on guarantee expires, the release shall be lifted.

1. Article 65: 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.

2. Article 77: 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.

Release on bail pending further investigation is only a modification of compulsory measures, and the case has not yet been disposed of, and the guilt cannot be confirmed without being tried by the court.

If the procuratorate makes a decision not to prosecute, it will be fine.

If the lawsuit needs to be heard in court**. After the court decision, the dissatisfaction can be appealed.

Generally, it should be viewed on a case-by-case basis, and release on guarantee pending further investigation does not affect the trial procedures. Release on bail is only a coercive measure in the course of criminal proceedings, and does not mean that a sentence beyond a fixed-term prison sentence will not be imposed.

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 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.

Released on bail and sentenced to prison. Release on bail pending further investigation is one of the compulsory measures stipulated in China's Criminal Procedure Law, and its role is to ensure that criminal suspects and defendants are within the control of the public security organs. It is the right of the people's court to sentence Hong Jincong, so that if the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with the law, a guilty verdict shall be made.

Legal basis] Article 67 of the Criminal Procedure Law: 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: (4) The period of detention is complete, the case has not yet been completed, and it is necessary to take a release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel deliberated, and made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions: (1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with the law, a guilty verdict shall be rendered; (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made; (3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

The above is only the current letter and information combined with my understanding of the law, please be cautious for reference!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

In accordance with the provisions of China's Criminal Procedure Law, criminal compulsory measures are categorized, including criminal detention, arrest, release on guarantee pending further investigation, residential surveillance, etc. In other words, bail pending trial is only a temporary criminal coercive measure, and does not mean the final outcome of the case. The Criminal Procedure Law stipulates that China's criminal procedure system has gone through three stages: investigation, examination for prosecution, and trial, and any case-handling organ in these three stages has the right to release a criminal suspect on bail pending further investigation.

Because it is a temporary criminal coercive measure, the release of a criminal suspect on bail pending trial not only protects certain personal rights of the criminal suspect, but also ensures the smooth progress of the criminal procedure. The release of a criminal suspect on bail pending further investigation by the public security organs does not mean that the case will be withdrawn or prosecuted, and it is even possible that the criminal suspect will still be arrested at a later stage. Therefore, criminal suspects who have been released on bail pending further investigation should not be left to chance, and still need to continue to cooperate with the proceedings or seek the help of a defense lawyer.

Eventually, finality awaits the legal proceedings.

Legal basis] People's Procuratorate Criminal Procedure Rules (Provisional) Article 99.

Where the people's procuratorate discovers that a criminal suspect has violated the provisions of article 69 of the Criminal Procedure Law and has already paid a guarantee deposit, it shall notify the public security organ in writing to confiscate part or all of the guarantee deposit, and, depending on the specific circumstances of the case, order the criminal suspect to make a statement of repentance, pay a new guarantee deposit, provide a guarantor, or decide to place him under residential surveillance or arrest. Where public security organs discover that a criminal suspect has violated the provisions of article 69 of the Criminal Procedure Law and submit an opinion on confiscating the guarantee deposit or modifying compulsory measures, the people's procuratorate shall make a decision within 5 days of receiving the opinion and notify the public security organ. The procedures for re-payment of security deposit shall be governed by the provisions of Articles 90 and 91 of these Rules; The procedures for proposing a guarantor shall be governed by the provisions of Articles 88 and 89 of these Rules.

Where the criminal suspect continues to be released on guarantee pending further investigation, the period of release on guarantee pending further investigation shall be cumulatively calculated. Where a decision is made to place a criminal suspect under residential surveillance, the formalities for residential surveillance shall be completed, and the period of residential surveillance shall be recalculated and the criminal suspect shall be notified.

After the procuratorate examines the case for prosecution, and after the people's court hears the case in accordance with law, if it finds that a criminal punishment is to be imposed, it will make a judgment in accordance with law.

Article 172 of the Criminal Procedure Law stipulates that the People's Procuratorate shall make a decision within one month on a case transferred for prosecution by the Supervision Organ or Public Security Organ, and may extend the period of 15 days for major or complicated cases; Where criminal suspects admit guilt and accept punishment and meet the requirements for applying the expedited procedures, a decision shall be made within 10 days, and where a sentence of more than one year imprisonment might be given, it may be extended to 15 days.

In cases where the people's procuratorate reviews for prosecution and changes jurisdiction, the time limit for review for prosecution is calculated from the date on which the changed people's procuratorate receives the case.

Legal basis. Article 172 of the Criminal Procedure Law.

People's procuratorates shall make a decision within one month of a case transferred for prosecution by the Supervision Organs or Public Security Organs, and may extend the period of 15 days for major or complicated cases; Where criminal suspects admit guilt and accept punishment and meet the requirements for applying the expedited procedures, a decision shall be made within 10 days, and where a sentence of more than one year imprisonment might be given, it may be extended to 15 days.

Where the jurisdiction of the people's procuratorate changes jurisdiction in a case reviewed for prosecution by the People's Procuratorate Chaling Li Yuan, the time limit for review for prosecution is calculated from the date on which the changed people's procuratorate receives the case.

Summary. Hello, generally not. It is necessary to analyze the actual situation according to the actual situation, and under normal circumstances, no real sentence will be imposed after release on bail pending trial.

However, when there are legally prescribed circumstances, the public security organs may apply for arrest. Legal basis: Article 65 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 sentence 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.

It's good for you to change it, but you generally won't. It is necessary to analyze the actual situation according to the actual situation, and under ordinary circumstances, a real sentence will not be imposed after release on bail pending trial. However, when there are legally prescribed circumstances, the public security organs may apply for arrest.

Legal basis: Article 65 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) Nuclear training that might be sentenced to controlled release, short-term detention, or independent application of additional 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 and residential surveillance are to be enforced by the public security organs.

I was caught drunk driving, my breath was 91, my blood was 82, I was locked up in a detention center for 7 days, and now I am on bail pending trial, and I have to wait for the court to prosecute.

Yes, release on bail pending trial is only a non-stool detention of the suspect or defendant, and will not interrupt the investigation, prosecution, and trial of the case, and the sentence should still be sentenced. Drunk driving is a dangerous driving crime, and you will be sentenced to criminal detention and a fine.

Legal Analysis: Release on bail pending further investigation is only a compulsory measure, and if it is found to be a crime after investigation, review and trial by the public security organs, people's procuratorates or people's courts, it will be convicted and punished in accordance with the Criminal Law.

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

Article 65: 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 independently applying 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 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.

Criminal Law of the People's Republic of China: Article 3: Where the law expressly provides that it is a crime, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.