Will I go to jail again if I am released on bail? It should be a fight and a knife that causes the o

Does bail mean it's okay?

After being released on bail pending trial, does it mean that it is okay? After the parties are released on bail pending trial, they often have such doubts. The reason for this question is that there is no understanding of release on bail pending trial.

Release on bail pending further investigation is a type of criminal coercive measure (release on bail pending further investigation is a restriction of personal liberty, while criminal detention or arrest is a deprivation of personal liberty), which can be simply understood as awaiting investigation, prosecution and trial outside of prison. It can be seen that release on bail pending trial does not mean that it is necessarily fine, and it should be discussed on a case-by-case basis

1. Those who are released on guarantee pending further investigation because they "might be sentenced to controlled release, short-term detention, or independently applying supplementary punishments". In such cases, the procedure will generally continue, and if the crime is convicted, the person concerned will still face the punishment of controlled release, criminal detention or independent application of supplementary punishment (except for those who are exempted from criminal punishment).

2. Those who are released on guarantee pending further investigation because "a sentence of fixed-term imprisonment or higher might be given, and the adoption of release on guarantee pending further investigation will not cause danger to society". In such cases, the procedure will generally continue, and if the crime is convicted, the person concerned will still be sentenced to a criminal penalty (except for those who are exempted from criminal punishment), and if a suspended sentence is applied, they will not be sent to prison to serve their sentence; If sentenced to actual punishment, they will be imprisoned in court.

The assumption that a suspended sentence will be given after release on bail is incorrect, and whether or not a suspended sentence is imposed depends on the circumstances of the case, not on whether or not a suspended sentence has been previously released. In practice, it is not uncommon for a person to be sentenced to a real sentence at the trial stage after being released on bail pending trial.

3. Released on guarantee pending further investigation because "a woman who suffers from a serious illness, is unable to take care of herself, is pregnant, or is breastfeeding her own infant, and is released on guarantee pending further investigation will not be a danger to society." In the vast majority of cases in this case, the procedure will continue, and once the crime is convicted and the actual sentence is imposed, after the above-mentioned reasons are eliminated, they will be sent to prison to serve their sentence.

4. Release on guarantee pending further investigation is necessary because "the period of detention has expired and the case has not yet been completed". Whether or not a case in such a situation is returned to prison depends on the final outcome of the case.

5. Those who are released on bail pending further investigation because they do not petition for arrest or do not approve arrest because of insufficient evidence. It is determined by the circumstances of the follow-up investigation, if it is still considered that the evidence is insufficient, and after the period of release on bail expires and is lifted, it will be fine, and if it is found that the evidence meets the conditions for arrest, it will be criminally detained and arrested, and then go through the procedures and face criminal responsibility.

To sum up, the idea that release on bail means that the case is closed. The outcome of the case (whether or not to be convicted and sentenced; If the sentence is imposed, whether or not to be sent to prison is determined by the specific circumstances of the case, and there is no necessary connection with whether or not the case has been released on bail pending further investigation, and even if the case has been released on bail pending trial, it is still necessary to attach importance to the case.

During this period, if you commit a crime, you will have to go in again, and it will be aggravated.

It depends on whether it is self-defense or not.

Where accomplices who are seriously injured in a fight meet the requirements for release on guarantee pending further investigation, they may be released on guarantee pending further investigation. An accomplice who is seriously injured in a fight constitutes the crime of intentional injury, and may be released on bail pending further investigation as long as the circumstances of the crime are relatively minor and meet the statutory requirements for release on bail, but it is necessary to impose certain restrictions on his personal freedom; Recidivists, principal offenders of criminal groups, and criminal suspects who evade investigation by means of self-injury or self-harm must generally not be released on bail pending further investigation.

[Legal basis].

Article 67 of the Criminal Procedure Law.

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 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, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Article 234 of the Criminal Law.

Whoever intentionally injures the body of another person is to 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.

If a person is released on bail pending trial and the person is slightly injured, the verdict will convict and sentence the perpetrator on the basis of evidence. where the Criminal Law is violated, the sentence is generally up to three years imprisonment, short-term detention or controlled release; where serious injury is caused, a sentence of between three and ten years imprisonment is to be given; Whoever causes death or seriously injures or disables a person by especially serious means is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. and where it has not yet been constituted as a criminal offense, an administrative punishment is to be given.

[Legal basis].

Article 234 of the Criminal Law.

Whoever intentionally harms the body of another person is to 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 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.

It's still possible.

After intentionally causing serious injury, if the criminal suspect has a good attitude in admitting guilt, compensating the victim for the loss of several filial pieties, and obtaining the forgiveness of the victim or the victim's close relatives, the three departments of the public procuratorate, procuratorate, and law may release the criminal suspect on guarantee pending further investigation if the criminal suspect has completed the application or has another person apply on his behalf.

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) Where 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 guarantee deposit.

According to Article 384 of the Criminal Law of the People's Republic of China, whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance. where serious injury is caused, the sentence is between three and ten years imprisonment; Whoever causes the death of a person or seriously injures a person by especially cruel means and causes serious disability by socks shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

If a fight causes minor injuries to a person, he is suspected of the crime of intentional injury, and he will be investigated for criminal responsibility after being released on bail pending trial, and a suspended sentence can be given if a letter of understanding from the victim is obtained. Release on bail pending further investigation is a kind of criminal compulsory measure stipulated in the Criminal Procedure Law of the People's Republic of China. It 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 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 available with the summons, and that they will not be detained or temporarily released from detention.

It shall be enforced by the public security organs. Article 65 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on guarantee pending further investigation under any of the following circumstances: :(1) where a criminal suspect or defendant may be sentenced to controlled release, short-term detention, or an additional sentence may 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) Where 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.

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 of release on guarantee pending further investigation or residential surveillance has expired, the 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: Depends on the circumstances. 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.

If the criminal suspect is found to be criminally responsible after trial by the court, he or she needs to be sentenced. Otherwise, no penalty is required.

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) Where 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.

Article 69 The guarantor must meet the following conditions:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

3) Enjoy political rights and have not had their personal liberty restricted;

4) Have a fixed place of residence and income.

Legal analysis: Fighting caused minor injuries in the second degree, suspected of intentional injury, after being released on bail pending trial, he was sentenced to 9 months in prison in the first trial, and went to prison after the first-instance judgment took effect. If you file an appeal and the court's decision does not take effect, it will generally uphold the coercive measures imposed by the original nuclear suspects, whether it is bail pending trial or bail pending trial.

If the original verdict is upheld in the second instance, you will need to go to prison to serve your sentence.

Legal basis: Criminal Law of the People's Republic of China Article 234 Whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime of changing hands 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 10 years, death or serious injury is caused by especially cruel means, and a sentence of 10 or more years imprisonment, life imprisonment or death is to be given.

Where this Law provides otherwise, follow those provisions.