I have been released on bail pending trial for five years, will I still be arrested?

If you are released on bail pending trial for five years, you will generally not be sent to prison.

Article 77 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail pending further investigation for a maximum of 12 months, and residential surveillance shall not exceed six 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.

Legal Analysis: There is still a possibility of a sentence of more than 5 years after being released on bail pending trial. Release on bail pending further investigation is only a criminal coercive measure taken against a criminal suspect or defendant in a criminal proceeding, and as long as the relevant provisions are met, he can be released on bail pending further investigation.

However, the fact that a person is released on bail pending further investigation does not mean that the crime committed is minor, and that his release on bail pending further investigation has nothing to do with the sentence handed down by the final court. As long as the crime committed deserves a penalty of more than five years, the court may still impose a sentence of more than five years imprisonment in accordance with law.

Legal basis: "Decision of the National People's Congress on Amending the Criminal Procedure Law of the People's Republic of China" 21. Change Article 51 to be Article 65 and amend it to read: "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 a serious illness or are unable to take care of themselves, are pregnant or 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. ”

Legal Analysis: General recidivism refers to criminals who have been sentenced to fixed-term imprisonment or higher, and who re-commit crimes that should be sentenced to fixed-term imprisonment or higher within 5 years after the completion of the sentence or pardon. If a person has been sentenced to a sentence of 5 years and has committed a crime, if he or she has committed a crime in a recidivist manner, he or she cannot be released on bail pending trial.

According to the provisions of China's Criminal Procedure Law, recidivism is not subject to release on bail pending trial, and recidivists will be sentenced to fixed-term imprisonment or higher, and will be again harmful to society.

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 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) 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 deciding 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 false guarantee deposit.

Legal Analysis: The maximum period of bail is 12 months, which has long expired.

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 an additional punishment might be applied independently;

2) There is a possibility that the sentence will be a sentence of fixed-term imprisonment or higher, and the use of 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, and the case has not yet been concluded, it is necessary to take a step forward in the case of 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.

There is still a possibility of being arrested after release on bail pending further investigation, and release on bail pending further investigation is a criminal compulsory measure provided for in the Criminal Procedure Law of the People's Republic of China.

During the period of release on guarantee, it is necessary to comply with the relevant laws and regulations, and if the legal provisions on release on guarantee are not complied with, they may be detained or arrested. In addition, release on bail pending further investigation does not interrupt the investigation, prosecution, and trial of the case, and on the basis of the facts of the crime, the nature and circumstances of the crime, and the harm to society, the people's court shall make a judgment after hearing the case in accordance with the law, and if a person is sentenced to fixed-term imprisonment or short-term detention without a suspended sentence, he or she shall be returned to prison to serve his sentence.

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

Release on guarantee pending further investigation refers to a compulsory measure in criminal proceedings whereby public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or who need to be changed to compulsory measures after arrest to avoid investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be available at all times, and that they will not be detained or temporarily released from detention. In cases of release on bail pending further investigation, because the precondition for handling bail is that the circumstances of the case are relatively minor and that a person may be sentenced to fixed-term imprisonment of less than three years, and that release on bail pending further investigation will not cause harm to society, if release on bail pending further investigation can be obtained at the stage of public security investigation or the procuratorate's review for prosecution, then most cases can be sentenced to suspended sentences at the later stage of court trial.

2. Will the same case be sentenced if he has already been sentenced to bail pending trial?

In the case of a conviction in the same case, it is still possible for one to be sentenced on bail pending further investigation, and after release on bail, if the facts of the crime are established and the court has made a judgment, the sentence may be given. 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 for whether the final result of his wide base stove requires imprisonment, 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.