Is the private division of state owned assets released on bail pending trial useful for sentencing?

Release on bail pending further investigation is not detained in a detention center and has no impact on sentencing. In general, the period of detention is converted to the term of imprisonment.

Dear, two different things. It has no impact on sentencing.

There is no necessary relationship between the two, release on bail pending trial can only mean that you have a good attitude, or are of little value, or an accomplice, or for special reasons such as physical health, and those who can be released on bail pending trial will generally be given a suspended sentence!

Otherwise, visit a lawyer at Legal Aid Bar to ask and take a look.

The Criminal Law of the People's Republic of China is to file a case for the crime of privately dividing state-owned property and assets on the basis of the following criteria: Where a state organ, state-owned company, enterprise, public institution, or people's organization violates state regulations by privately distributing the assets of a state-owned cover or regiment to an individual in the name of a unit, with a cumulative amount of 100,000 yuan or more, the case shall be filed.

[Legal basis].Provisions of the Supreme People's Procuratorate on the Standards for the People's Procuratorate to Directly Accept Cases for Filing and Investigation (Provisional)" (11)

The crime of privately dividing state-owned assets refers to the conduct of state organs, state-owned companies, enterprises, public institutions, and people's organizations violating state regulations by collectively and privately distributing state-owned assets to individuals in the name of a unit, and the amount is relatively large.

Where it is suspected of privately dividing state-owned assets, and the cumulative amount is more than 100,000 yuan, a case shall be filed.

According to the provisions of articles 72 and 74 of the Criminal Code of the People's Republic of China, the following conditions must be met for the application of a general suspended sentence:

1) The criminal is sentenced to short-term detention or fixed-term imprisonment of not more than 3 years. The conditional non-enforcement of the original sentence of a suspended sentence determines that the target of a suspended sentence can only be applied to criminals who have committed relatively minor crimes. The severity of the crime is commensurate with the severity of the sentence imposed on the offender.

The reason why China's Criminal Code stipulates that the applicable objects of suspended sentences are criminals who have been sentenced to short-term detention or fixed-term imprisonment of less than three years is because the crimes of these criminals are relatively minor and the harm to society is relatively small. On the contrary, criminals who have been sentenced to more than three years in prison are not listed as targets for probation because their crimes are more serious and the harm to society is greater. As for criminals sentenced to controlled release whose offences are relatively minor, the court considers it necessary to apply a controlled sentence to punish them because the court considers it necessary to apply a controlled sentence to punish them because the court does not only impose a specific sentence based on the nature of the offence.

The term "fixed-term imprisonment of less than 3 years" refers to the sentence determined by the judgment and not to the statutory sentence. Although the statutory sentence for the crime committed by the offender is a medium-term or long-term fixed-term imprisonment, there are mitigating circumstances, and the sentence determined by the judgment is fixed-term imprisonment of not more than three years, and a suspended sentence may also be applied.

2) Based on the circumstances of the offender's crime and his expression of remorse, it is found that the application of a suspended sentence will no longer endanger society. This is an essential condition for the application of probation. That is to say, although some criminals have been sentenced to short-term detention or short-term fixed-term imprisonment, the circumstances of their crimes and their expressions of remorse cannot show that they will not be detained and will no longer endanger society, and they cannot be given suspended sentences.

It must be noted, however, that since the offender has not yet been given a suspended sentence, it can only be a speculation or prejudgment of the adjudicators that he will indeed no longer endanger society, and the basis for such speculation or judgment can only be that the circumstances of the crime are relatively minor and the offender shows good remorse. Among these two factors, the relatively minor circumstances of the crime belong to the category of pre-existing crimes, which mainly indicates that the crime is less harmful to society, and should be comprehensively evaluated in combination with both subjective malice and objective harm. The offender's relatively good remorse belongs to the category of pre-existing crimes, which mainly indicates that the offender is less likely to reoffend, and should be judged on the basis of the offender's various subsequent manifestations and due consideration of the offender's consistent performance.

3) Criminals are not recidivists. Recidivists who persist in repeated offenses and have a deep subjective malice are at risk of recidivism, and it is difficult to prevent them from committing new crimes by applying a suspended sentence. Therefore, even if a repeat offender is sentenced to criminal detention or imprisonment for less than three years, a suspended sentence cannot be applied.

Article 74 of the Criminal Code (Amendment VIII) is amended to read: "Suspended sentences shall not be applied to recidivists and ringleaders of criminal groups. ”

To sum up, whether or not a suspended sentence can be given for the crime of privately dividing state-owned assets needs to be combined with the above requirements and the specific circumstances of the case, and it is not possible to give a suspended sentence.

Privately dividing state assets is a felony punishable by seven years, so a suspended sentence cannot be imposed.