Release on bail pending trial Sentencing, how to sentence bail pending trial

If the purpose of calling him is to beat him, then it meets the requirements of the Criminal Law as "prior conspiracy", which can be found to be a joint crime, and you are enough to become a "crime of intentional injury". The determination of who is the principal offender depends on the role played in the crime. Since you have also done it, you can be considered to be a perpetrator.

However, if you can show relevant evidence, such as whether he instigated or coerced you to beat someone or that you only helped the act, and played a lesser role, you may be considered an accomplice. If you can't show it, it's hard to find that you're an accomplice.

Criminal Law of the People's Republic of China

Article 234:Whoever intentionally injures the body of another person shall 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.

Article 25: [Concept of Joint Crimes]Joint crimes refer to two or more persons committing a joint intentional crime.

Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.

In general, joint crimes are punished heavily.

It is recommended to be private. Where a case has already been filed and entered into judicial proceedings, it is recommended that a lawyer be hired.

1. Agreeing to pay compensation may be given a light sentence, such as a suspended sentence or even not pursuing criminal responsibility; 2. Both of you are the main culprits, and your friends are more serious.

1.Agreeing to pay compensation can be given a light sentence;

2. Both of you are the main offenders, and your friend will be sentenced more heavily.

After being released on bail pending trial, they will basically not be sentenced to actual punishment, generally probation, if it is a minor injury, it is a criminal case, but minor injuries can also be mediated now, depending on what stage the case is now, see what stage you said above, it must have been in the procuratorate or is about to be sentenced, you just wait, it is generally a suspended sentence.

Compensation is definitely wanted, regardless of whether the judgment is awarded or not, you are all liable for compensation, but if the compensation is made before the trial, the judge will definitely consider it in sentencing, and the sentence will be reduced normally, if the other party feels that you can not be held legally responsible or ask the court to give a lighter punishment after compensation, then a suspended sentence may also be imposed (provided that the slash does not reach a serious injury). Therefore, if you can reach a compensation agreement with the other party now, it is better to compensate as soon as possible.

Both of you are the main culprit, and you think that you are both the perpetrators, although you are not the specific perpetrators, but the purpose of your gathering is obviously to deliberately harm others, and you are both the main offenders.

Legal analysis: After release on bail pending trial, a suspended sentence or no prosecution will generally be given, but not all defendants will be sentenced to a suspended sentence after being released on bail, and the specific sentencing needs to be determined based on the reason for release on bail, whether the crime was found to be omitted after release on bail, whether a new crime is constituted, and other aspects.

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 applied a supplementary sentence; (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 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.

Legal Analysis: Will be sentenced. 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. If a criminal suspect or defendant has committed a crime and needs to be sentenced, a sentence is still required even if they are released on guarantee pending further investigation.

Legal basis: 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 person might be sentenced to controlled release, short-term detention, or independently applied an additional sentence; (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; (During the three discussions) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant or are breastfeeding their own babies, and are released on bail pending further investigation will not be dangerous 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 bail pending further investigation is to be enforced by the public Liangshan security organs.

Legal Analysis: Release on bail pending trial is only a compulsory measure, not a criminal punishment. The key is to see whether the court makes a judgment on guilt or innocence, whether the crime is serious or minor, and whether criminal responsibility is pursued after the expiration of the period of release on bail pending trial.

First, bail is a coercive measure, which has nothing to do with whether or not to sentence. Second, if the court finds that no crime has been committed, of course, the sentence will not be sent. Thirdly, under normal circumstances, a person released on bail will be given a suspended sentence.

Therefore, the sentencing depends on the merits of your 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 facts of the case, but generally being released on bail also means that the case is not very serious, and the sentence is less than three years, and it is possible to give a suspended sentence. Release on bail pending further investigation is only a measure in China, and it is the public security organ that makes a decision on whether or not to approve the release on bail in accordance with the conditions stipulated in the law, rather than a verdict of guilt or innocence of the person released on bail.

Therefore, it is also possible to sentence the person released on bail after being released on bail pending further investigation.

Legal basis: Criminal Spring 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 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 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 their 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.

Hello, the answer to the question of how to sentence your release on bail is as follows: Hello, after understanding the following, you know that you want to consult how to sentence after release on bail There is still a possibility of being sentenced. Release on guarantee pending further investigation is only a kind of "criminal compulsory measure" taken against a criminal suspect, and the release of a party on guarantee pending further investigation does not mean that the party concerned does not constitute a crime or that the criminal responsibility of the party concerned will no longer be pursued.

If a crime is constituted, it will still be tried by the court and sentenced to the corresponding penalty. If it does not constitute a crime, it will not be sentenced by revoking the criminal case. Article 65 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: (1) where a criminal suspect or defendant may 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 would not cause danger to society; (3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on guarantee pending further investigation will not be a 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 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 the person or defendant suspected of committing a crime on guarantee pending further investigation in any of the following circumstances: (1) Where a controlled release, short-term detention, or additional punishment might be independently applied; (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 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.

Sentencing during release on bail is also subject to court proceedings.

Release on bail pending further investigation is only a coercive measure, and if the relevant laws and regulations are violated, the person may be arrested. As to whether and how the final sentence will be imposed, the court shall make a judgment after trial based on the specific circumstances of the crime.

1. Will the sentence be imposed on bail pending further investigation?

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. In case of violation of relevant laws and regulations, it is possible to arrest him. Whether he will go to prison will be known until the judicial authorities have further trial.

However, according to the conditions for release on bail pending trial, those who can be released on bail pending trial are generally minor crimes, and the sentence will not be too severe, and even if they are imprisoned, they will not sit for a long time.

2. Will I still be detained 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. In case of violation of relevant laws and regulations, it is possible to arrest him. Whether he will go to prison will be known until the judicial authorities have further trial.

However, according to the conditions for release on bail pending trial, the crime of being released on bail pending trial is generally relatively minor, and the sentence will not be too severe, and even if you go to prison, you will not sit for a long time.

III. Is it serious for the public security organs to take the initiative to handle cases of release on guarantee pending further investigation?

Whether or not there is anything wrong with being released on bail pending further investigation depends on the specific circumstances. Release on bail pending further investigation is only a change in the coercive measures. In case of violation of relevant laws and regulations, it is possible to arrest him.

As to whether the final result is a prison sentence, the court will make a judgment after hearing. Release on bail pending trial does not mean that you will not be sentenced to a real sentence and will not need to go to jail in the end. However, there are conditions for release on bail pending further investigation, and only those who are generally minor and do not do much harm can be released on bail.

Therefore, generally speaking, it is very likely that a person who is released on bail pending trial will not need to bear criminal responsibility or be sentenced to a suspended sentence, a single fine, or other non-substantive sentence.

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 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 cause danger to society;

3) Women who suffer from serious illness, 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) 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.

In accordance with the provisions of the Criminal Law, a person who is sentenced to controlled release, short-term detention, or fixed-term imprisonment may be deducted from the corresponding sentence if he is detained before the judgment is enforced. However, this hail is to pay attention to the word detention, detention refers to detention in a place of detention, and does not include release on bail pending trial, and the key to infiltration to release on bail pending trial cannot be deducted, and is not counted in the sentence.

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

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.