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Release on guarantee pending further investigation indicates that the criminal suspect might be sentenced to controlled release, short-term detention, or independently applied an additional punishment, or that there is a possibility that the criminal suspect might be sentenced to fixed-term imprisonment or higher, and that release on guarantee pending further investigation would not cause danger to society. In other words, if you can apply for release on bail pending further investigation, the sentence that may be imposed is relatively light.
If they are sentenced in accordance with the law after being released on bail pending further investigation, they will still be sent to prison. How he is sentenced depends on the crime he has committed and the circumstances of the crime, and has nothing to do with his release on bail pending trial.
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Release on bail pending further investigation is: 1. A sentence of fixed-term imprisonment or higher may be imposed, and release on bail will not cause danger to society; or 2. Circumstances in which a person may be sentenced to controlled release, short-term detention, or an additional penalty that may be applied independently. Bail is a coercive measure that has little to do with the size of the case.
Release on bail for up to 12 months. After being released on bail, you must abide by the laws and regulations, be with the summons, do not obstruct testimony, etc., and wait for the court's decision. Whether or not he will be sent to prison will be determined by the effective judgment of the court.
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Bail pending trial means "using a guarantee to get out of the detention center first and wait for trial."
That is, in the end, it is generally to be tried, and if it is sentenced, then it is necessary to be imprisoned.
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Bail means that your criminal liability will not be very large, and there is a high possibility of a suspended sentence, and of course the possibility of imprisonment cannot be ruled out.
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Release on bail does not explain the substantive nature of the case and the outcome of the next step.
The only thing that can be explained is that the conditions for release on bail are met.
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If the sentence is sentenced, then he will be imprisoned.
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Generally, it is up to three years in prison.
If you need it, you can click on my user profile, **Contact for answers.
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Hello, release on bail pending further investigation refers to a compulsory measure in criminal proceedings in which the public security organs, people's procuratorates, people's courts and other judicial organs order criminal suspects or defendants who have not been arrested or need to change compulsory measures after arrest to prevent them from evading investigation, prosecution and trial, and issue a letter of guarantee to ensure that they are always available, and not to detain them or temporarily release them from detention. According to the provisions of China's Criminal Law, the circumstances under which release on guarantee pending further investigation may be applied include: 1. Criminal suspects who may be sentenced to controlled release, short-term detention, or independently applied supplementary punishments; 2. Criminal suspects who might be sentenced to fixed-term imprisonment or higher, and whose release on guarantee pending further investigation would not cause harm to society; 3. Criminal suspects 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 cause harm to society; 4. Criminal suspects whose period of detention has expired, the case has not yet been completed, and it is necessary to take the issue of bail pending further investigation.
However, in practice, it is necessary to determine the circumstances of the case, and the public security organs, procuratorates, and courts will decide whether to apply release on guarantee pending further investigation.
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1. Application for release on bail pending further investigation. Detained criminal suspects or defendants, their legally-designated persons, and close relatives have the right to apply for release on guarantee pending further investigation. If a criminal suspect is arrested, the lawyer he hires may apply for release on guarantee pending further investigation as soon as possible.
Applications for release on guarantee pending further investigation shall be made in writing. 2. The decision to release on bail pending further investigation. After public security organs, people's procuratorates, and people's courts receive an application for release on guarantee pending further investigation, they shall respond within 7 days.
Where a decision is made to release on guarantee pending further investigation, it shall be reported to the responsible person at a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval, and a "Decision on Release on Guarantee Pending Investigation" and a "Notice of Release on Guarantee Pending Further Investigation" shall be issued, ordering the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit. Those who do not meet the legally-prescribed requirements for release on guarantee pending further investigation do not agree to release on guarantee pending further investigation. Where release on guarantee pending further investigation is not agreed, the applicant shall be notified and the reasons for not agreeing shall be explained.
In addition, the judicial organs may, on their own, decide to release on bail pending further investigation according to the needs of the case. 3. Where the defendant is released on guarantee pending further investigation during the period of release on guarantee, the defendant shall be notified of the release on guarantee pending further investigation. During the period of release on guarantee pending further investigation, the defendant shall be notified during the period of release on guarantee pending further investigation.
Article 67: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) they may be sentenced to controlled release, short-term detention, or independently apply supplementary punishments; (2) They may be sentenced to fixed-term imprisonment or higher, and release on guarantee pending further investigation does not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or breastfeeding infants, shall be released on guarantee pending further investigation and shall not pose a danger to society; (4) At the completion of the period of detention, the case has not yet been completed, and it is necessary to 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: 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 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. Release on guarantee pending further investigation is to be enforced by the public security organs.
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The purpose of release on bail pending trial is to give the procuratorate and the court more time to handle the case. The longer the time for release on bail pending trial, the longer the final verdict of the case will be, and the longer the case drags on, and there is no clear definition of which party is beneficial to the criminal case if it is not resolved for a long time, and the Criminal Procedure Law stipulates the time limit for each procedure in the case, and if there is no evidence to prove that the party has committed a crime, the prosecution will be withdrawn or a verdict of not guilty will be rendered.
Legal analysis: The purpose of release on bail pending trial is to give the procuratorate and the court more time to handle the case. The longer the bail pending trial, the longer the final judgment of the case, the longer the case drags on, and the longer the criminal case is delayed, and it is not clear which party is beneficial to the criminal case if it is not resolved for a long time, and the Criminal Procedure Law stipulates the time limit for each procedure in the case, and if there is no evidence to prove that the parties committed the crime, the prosecution will be withdrawn or a verdict of not guilty will be rendered.
It can't be said that the court will still rule in accordance with the law. The defendant's release on guarantee pending further investigation must not exceed 12 months, and residential surveillance must not exceed 6 months. 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 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 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. Release on bail 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.
Legal basis: According to article 77 of the Criminal Procedure Law, the people's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on bail pending further investigation for a maximum of 12 months, and residential surveillance must 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.
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Released on bail pending further investigation does not mean that the criminal suspect or defendant is fine. At this time, the case has not been concluded, and after the judgment of the people's court, it is determined that a crime has occurred, and the person released on guarantee needs to receive criminal punishment in accordance with law.
If you are released on bail pending trial, you will be fine if you don't replace the finch nuclear form. However, criminal suspects can wait for trial outside of prison, and if the criminal suspect is convicted, the court will determine the corresponding punishment based on the facts of the criminal suspect's crime, and generally the criminal suspects who can be released on bail pending trial are those who have committed relatively minor crimes and are sentenced to less than three years.
Can the bail bond be refunded?
1. Where a criminal suspect does not violate any of the circumstances provided for in Article 71 of the Criminal Procedure Law during the period of release on guarantee pending further investigation, the public security organs shall return the guarantee deposit to the criminal suspect at the same time that the release on guarantee pending further investigation is lifted.
Where a criminal suspect or defendant released on guarantee pending further investigation violates the provisions of the preceding paragraph by already paying a guarantee deposit, the guarantee deposit is to be confiscated, and the criminal suspect or defendant is to be ordered to make a statement of repentance, pay a new guarantee deposit, submit a guarantor, or place them under residential surveillance, or arrest them. Where criminal suspects or defendants have not violated the provisions of the preceding paragraph during the period of release on guarantee pending further investigation, the guarantee deposit shall be returned at the end of release on guarantee.
2. If it is decided to return the security deposit, it shall be reported to the person in charge of the public security organ at or above the county level for approval after strict review, and the "Decision on Returning the Security Deposit" shall be issued.
3. After the public security organs decide to return the criminal suspect's guarantee deposit, they shall, at the same time as the release of the criminal suspect on guarantee pending further investigation, notify the designated bank to return the guarantee deposit to the criminal suspect in full, and order the criminal suspect to sign or affix a seal to the "Decision to Return the Guarantee Deposit".
We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.
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 would not cause a social danger or disturbance;
(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.
Release on guarantee pending further investigation is to be enforced by the public security organs.
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Release on guarantee pending further investigation refers to a compulsory measure taken by the investigating organ ordering a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he or she will not evade or obstruct the investigation, and to be available at any time. It is usually used for criminal suspects who have committed minor crimes that do not require detention or arrest, but require certain restrictions on their freedom of movement.
Legal basis
Article 68 of the Criminal Procedure Law of the People's Republic of China: 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 guarantee deposit.
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Release on guarantee pending further investigation refers to a compulsory measure in criminal proceedings whereby the 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 change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be summoned at all times, and that they will not be detained or temporarily released from detention.
Procedures for applying for release on bail pending further investigation:
1. The defendant or criminal suspect submits an application;
2. After receiving an application for release on guarantee pending further investigation, the public security organs, people's procuratorates, and people's courts shall give a reply within 7 days of whether they agree or not;
3. Enforce release on bail pending further investigation.
Will there be a case record when released on bail pending trial: The bail itself will not leave a case record, but if it is decided by the court in accordance with the law, it will leave a case record. In addition, even if there is no verdict, the detention certificate and the release certificate are recorded in the file just if they are detained.
Since release on bail pending further investigation is only a compulsory measure in criminal proceedings, it is not yet possible to determine whether a criminal suspect or defendant has committed a crime, so it cannot be convicted and punished, and there will be no case record.
Hope the above can be helpful to you.
According to the Criminal Procedure Law of the People's Republic of China
Article 67 provides: 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 punishment; (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.
Release on guarantee pending further investigation is to be enforced by the public security organs.
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Pay a security deposit or provide a guarantor.
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. >>>More
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After being released on bail pending further investigation, the person is subject to the enforcement period of the law, and cannot do illegal things during this period.