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Generally, if you are released on bail pending trial, you will not be sentenced to a real sentence for this misdemeanor, but may be given a suspended sentence.
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Release on guarantee pending further investigation is a temporary compulsory measure during the period of criminal proceedings, and the investigation, prosecution, and trial of the case must not be suspended during the period of release on guarantee. Therefore, it will also be carried out in accordance with the proceedings.
Article 77 of the Criminal Procedure Law.
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.
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Unless a decision is made to exempt them from prosecution, they will still be prosecuted.
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Your neighbor won't sue if he doesn't pursue it.
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Based on the specific circumstances of the case, the procuratorate may make a decision not to prosecute or initiate a public prosecution.
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You're not calling it a thing, and it's not a criminal case.
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If there is no other criminal record, they can generally be released on bail pending trial.
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Xinyang lawyer Wang Keyun——
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Legal analysis: The criminal suspect himself, the criminal suspect's close relatives, and the legal person or defender for the crime of trespassing on residence on bail pending further investigation must apply in writing to the judicial organs. The judicial organ will make a decision within 7 days of receiving the application, and if it agrees to release on guarantee pending further investigation, it will issue a "Decision of Repentance and Dissolution of Release on Guarantee Pending Trial", and the criminal suspect may be released on guarantee pending further investigation if he or she submits a guarantor or pays a guarantee deposit.
If there is no violation, the deposit will be refunded upon expiration.
Legal basis: "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Issues Concerning the Application of Criminal Compulsory Measures": Where the people's procuratorate decides to take measures to release a criminal suspect on guarantee pending further investigation, it shall hand it over to the public security organs for enforcement after announcing it to the criminal suspect.
Where a criminal suspect is joined in the form of a guarantor, the people's procuratorate shall send the relevant legal documents and materials related to the cause of action, the basic circumstances of the criminal suspect, and the basic circumstances of the guarantor to the public security organ at the same level as the criminal suspect's place of residence; Where a criminal suspect is to be secured in the form of a guarantee deposit, the people's procuratorate shall, after verifying that the guarantee deposit has been paid to the bank designated by the public security organ, send the relevant legal documents, materials related to the cause of the case, the criminal suspect's basic circumstances, and the receipt voucher issued by the bank to the public security organ at the same level as the criminal suspect's place of residence.
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To be released on bail pending further investigation for the crime of trespassing into Bi Sui's house, the criminal suspect himself, the criminal suspect's close relatives, and the legal ** person or defender must apply in writing to the judicial organs. The judicial organs will make a decision within 7 days of receiving the application, and if they agree to release on guarantee pending further investigation, they will sign and issue a "Decision on Release on Guarantee Pending Trial", and the criminal suspect may be released on guarantee pending further investigation if he or she submits a guarantor or pays a guarantee deposit. If there is no violation, the deposit will be refunded upon expiration.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Issues Concerning the Application of Criminal Compulsory Measures: Where a people's procuratorate decides to take measures to release a criminal suspect on guarantee pending further investigation, it shall hand it over to the public security organ for enforcement after announcing it to the criminal suspect. Where a guarantor is used for a criminal suspect, the people's procuratorate shall send the relevant legal documents and materials related to the cause of action, the basic circumstances of the criminal suspect, and the basic circumstances of the guarantor to the public security organ at the same level as the place where the criminal suspect resides; Where a criminal suspect is to be secured in the form of a guarantee deposit, the people's procuratorate shall, after verifying that the guarantee deposit has been paid to the bank designated by the public security organ, send the relevant legal documents, materials related to the cause of the case, the criminal suspect's basic circumstances, and the receipt voucher issued by the bank to the public security organ at the same level as the criminal suspect's place of residence.
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