What are the benefits of bail on sentencing?

1. 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. It refers to the compulsory measures taken by the public procuratorate and the law to order certain criminal suspects and criminal defendants to provide guarantors or pay security deposits, and to guarantee that they will be available with the summons. It is to be enforced by the public security organs.

2. Advantages: First, the bail system has an important function of protecting rights. In criminal proceedings, the detention of criminal suspects is certainly conducive to ensuring the smooth progress of the proceedings, but at the same time, it is important to recognize that detention is the most severe means of coercion, which can cause serious violations of human rights and is therefore an extremely dangerous system.

Second, another advantage of the bail system is the conservation of national resources. For a developing country like China, investing a large amount of limited case-handling funds in the construction of detention centers is not an optimal choice for fund allocation.

Third, a large number of criminal suspects are detained together before trial, which will inevitably lead to cross-infection of criminal habits, and those criminal suspects who have little subjective malice and may even be innocent will subtly change their thinking because they are in an environment where they are detained together with recidivists and habitual offenders, which is undoubtedly contrary to the original intention of education and reform.

Release on bail pending trial is only a compulsory measure in criminal proceedings and does not affect the activities or conduct of criminal adjudication. However, where they can be released on guarantee pending further investigation, it shows that the circumstances of the crime are relatively minor, and generally the type of criminal punishment or sentence that is applicable is the lighter type of criminal punishment or sentence.

Although the offender is not detained, it does not mean that there is nothing to do, and it is necessary to wait for the court's trial to know the final result. In anti-corruption investigations, it is difficult to ensure the smooth progress of criminal proceedings due to the excessive application of bail pending trial.

Legal basis: Article 97 of the Criminal Procedure Law stipulates that criminal suspects and defendants and their legally-designated persons, close relatives or defenders have the right to apply for modification of compulsory measures.

After the people's courts, people's procuratorates, and public security organs receive an application, they shall make a decision within 3 days; Where they do not agree to modify the compulsory measures, they shall inform the applicant and explain the reasons for not agreeing.

Article 72 of the Criminal Procedure Law: The organ making the decision on release on guarantee shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that may be imposed, and the economic status of the person released on guarantee, and determine the amount of the guarantee deposit.

The person providing the guarantee deposit shall deposit the guarantee deposit into a special account at the bank designated by the enforcement organ.

Legal analysis: It can protect the rights and interests of the suspect to the greatest extent, help him temporarily get rid of the custody of the judicial escort agency, and obtain the rest of his life, but it does not mean that the case is over. As a compulsory measure to prevent them from evading investigation, prosecution, or trial, order them to provide a guarantor or pay a guarantee deposit, and issue a letter of guarantee guarantee, guaranteeing that they can be on hand with the summons.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 68: People's courts, people's procuratorates, and public security organs that decide to take a criminal suspect or defendant on bail 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.

Article 70 The guarantor shall perform the following obligations:

1) Supervise the guaranteed person's compliance with the provisions of Article 71 of this Law;

2) Where it is discovered that the guaranteed person may have violated the provisions of Article 71 of this Law, it shall promptly report to the enforcement organ.

Release on bail pending trial is only a relatively liberal coercive measure, not a final criminal judgment, so it does not mean that as long as the bail pending trial is processed, the defendant will be fine, although he will no longer have to be detained in a detention center, he will still have to wait for trial. Since it still needs to be tried by a court, it is possible to get a sentence of fixed-term imprisonment, and there is a possibility of imprisonment. However, in cases where the defendant can be released on bail pending trial, generally speaking, the harm to society is not too high, and there is a greater hope of obtaining a suspended sentence or being exempted from criminal punishment, so during the period of release on bail pending trial, the defendant and his family need to cooperate with the lawyer's opinions and strive to seize some opportunities that are conducive to sentencing.

1. Release on bail pending trial has nothing to do with how the sentence is imposed, however, the cases that can be released on bail pending trial are all cases of relatively minor crimes, and the sentence will not be too severe.

2. Release on bail pending trial, like criminal detention and arrest, is a compulsory measure in the process of criminal proceedings, and it is conditional to wait for trial outside the country, which does not mean that the case is concluded and the parties are not guilty. Whether or not to sentence and how to sentence will be decided by the judicial organs after further investigation and trial.

The law stipulates: 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 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.

The disadvantage of release on bail pending further investigation is that it is completely in the hands of the case-handling organs, and there is no transparency or openness.

Taking Wang Xuebing as an example, there is no statutory standard for consideration for release on bail pending trial, and it is completely in the hands of the case-handling organs, ** The reason for applying bail pending trial to Wang Xuebing is that he has a good attitude of admitting guilt and repentance, so whether admitting guilt and repentance can determine whether the party will "not be dangerous to society" after returning home, this reason is a bit far-fetched.

According to China's judicial system, whether or not a criminal suspect is released on bail pending further investigation depends entirely on the case-handling organ, which is generally reported by the person in charge according to the internal administrative process, and finally examined and approved by the leader, and the case-handling organ acts as both an athlete and a referee, and the whole process is not transparent and open, and normal applications for release on bail pending trial are often lost.

It is precisely because of this that the mystification of bail pending trial has been greatly increased, and only by trying to find ways to obtain some inside information through relationships, so that people in society under the banner of "fishing for people" have become popular, and at the same time, there is enough room for power-for-money transactions.

The disadvantages of release on bail pending further investigation are mainly the difficulty and lack of implementation and the lack of sound forms of corresponding guarantees, as follows:

1. There is a disconnect between the organ making the decision on release on guarantee pending further investigation and the enforcement organ, and it is difficult to implement the enforcement.

2. The provisions on the conditions for the use of release on guarantee pending further investigation are vague. The Criminal Procedure Law has identical provisions on the conditions for the application of bail pending further investigation and residential surveillance, which make the legal provisions on the conditions for the use of bail pending further investigation obviously ambiguous.

3. The form of guarantee for release on guarantee pending further investigation is difficult to have an effective restraint on the conduct of criminal suspects or defendants released on guarantee pending further investigation during the period of release on guarantee. The current provisions stipulate that the form of release on bail pending further investigation is in the form of guarantor guarantee or security deposit.

4. The enforcement of release on guarantee pending further investigation is not in place, resulting in a small number of criminal suspects and defendants released on guarantee pending further investigation committing all kinds of illegal acts that impede the smooth conduct of criminal proceedings or endanger society during the period of release on guarantee.

Article 56 of the Criminal Procedure Law stipulates the requirements for release on guarantee pending further investigation and the punishment for illegal release on guarantee pending further investigation

1) Must not leave the city or county of residence without the approval of the enforcement organ;

2) Promptly appear in the case at the time of arraignment;

3) must not interfere with witnesses' testimony in any form;

4) Evidence must not be destroyed or fabricated or colluded testimony.

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.

Bail pending trial is to obtain a guarantee and wait for the court to hear it, although you are not detained, it does not mean that you are okay, and you have to wait for the court to hear before you know the final result. It is advisable to appoint a lawyer to intervene to obtain the best opportunity to defend the case.