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1. You should be suspected of selling stolen goods, which is usually associated with theft, but according to what you said, your problem is not big.
2. The motorcycle you bought should not be worth too much money, so you are released on bail, and the rule of bail pending trial is to be on call, and the period is usually 1 year.
3. Where the original property exists for theft obtained without knowledge and for compensation, the criminal shall compensate the original owner for the loss at the price; If, judging from the objective actual circumstances of the criminal, he is truly unable to redeem the original goods or is unable to compensate for the losses, mediation can be conducted according to the specific circumstances of both the buyer and the original owner (i.e., the victim) and the appropriate handling. If the buyer knowingly buys the stolen goods, the stolen goods shall be recovered without compensation, confiscated or returned to the original owner.
4. Don't worry, being released on bail pending trial is a good thing for you, it means that your behavior is not very serious, if you didn't spend much money on a car, return him, so that you should be able to avoid prosecution.
5. Regarding the 5,000 yuan you paid, it should be a guarantee deposit for release on bail pending trial, and it will be returned to you after the expiration of the bail period in accordance with the law.
6. Supplement: If you are under the age of 18, you can be punished lightly to see if you can find a motorcycle or how much it costs, if it does not exceed 2,000 yuan, you should not be a big deal, and you may not be sentenced to a real sentence.
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If you know that the car was stolen and you buy it, generally speaking, the value of the car exceeds 2,000 yuan, it constitutes a crime, and you may be investigated for criminal responsibility, but judging from the situation of your release on bail pending trial, the amount should not be large, and you may be fined or given a suspended sentence.
Criminal Law of the People's Republic of China.
Adopted on July 1, 1979, amended on March 14, 1997, effective as of October 1, 1997).
Article 312:[Crime of Covering Up or Concealing Criminal Proceeds or the Proceeds of Criminal Proceeds] Whoever clearly knows that they are criminal proceeds or the proceeds thereof are harbored, transferred, acquired, sold on behalf of others, or otherwise concealed or concealed them, shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. [Article 19 of Amendment (6) to the Criminal Law].
Supplement: If the amount is not large, but it has exceeded the threshold for conviction, and it is a minor, in which case it may not be transferred for prosecution and criminal punishment will not be given. However, the amount is determined through appraisal.
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It's okay, don't worry. 5,000 yuan is your bail deposit, which will be returned to you in the future.
You bought his car, what about the car? How much did you buy it? Did you know it was stolen when you bought it? Let's be clear and I'll help you.
Don't wander around for a month, just wait in your local area.
If you know that the car was stolen and you buy it, you may have committed the crime of covering up and concealing the proceeds of crime, which is almost dirty, and you may be sentenced.
To give you an example of a case I handled, my team caught a person who stole a computer from an Internet café, sold it to a person for 600 yuan for a whole machine, and after the computer stealer was caught, he confessed to buy a computer, and finally the computer was valued at 2400 yuan, and the person who bought the computer squatted in the detention center for about three months before he came out. You can refer to this case, which is similar to yours. The only difference is that when we went to the person who bought the computer, he insisted that he didn't buy it, insisting that he didn't know.
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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.
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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.
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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.
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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.
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Legal Analysis: Whether Qi Qi will be sentenced after being released on bail pending trial, the people's court will make a judgment based on the facts of the case. Release on bail pending trial is only a criminal coercive measure.
If the court decides to pursue criminal liability, it is generally sentenced. Where release on guarantee pending further investigation is about to expire, the enforcement organ shall notify the decision-making organ within 15 days of the expiration of the time limit, and the decision-making organ shall make a decision to lift release on guarantee pending further investigation or modify the compulsory measures.
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; (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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Legal Analysis: Release on bail pending further investigation is only a means of compulsory measures, and being able to handle release on bail pending further investigation does not mean that the criminal suspect or defendant is not subject to criminal responsibility. If, after investigation, it is determined that the criminal suspect or defendant has committed a crime, then the court will finally sentence the suspect or defendant to the punishment according to the facts of the case.
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 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 the risk of social enlightenment; (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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