Can you be released on bail if you are sentenced to one year in prison, and can you be released on b

Legal Analysis: No, release on bail pending further investigation is no longer applicable to those who have already been sentenced, and the sentence may be commuted if legal conditions are attached to the sentence for rehabilitation. The so-called bail refers to the compulsory measures taken by the people's courts, people's procuratorates or public security organs in criminal proceedings to order certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits to ensure that they will be available at any time.

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 illness, 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.

Legal analysis: There is no act of bail after sentencing, and bail, also known as bail pending trial, refers to a compulsory measure taken by public security organs, people's procuratorates, and people's courts to order criminal suspects or defendants who have not been arrested to provide a guarantor or pay a guarantee deposit in order to prevent them from evading investigation, prosecution, and trial, and to issue a letter of guarantee to ensure that they will be available with the summons.

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 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 infants, and taking release on guarantee pending further investigation will not cause 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.

Lawyer analysisNo, release on guarantee pending further investigation is no longer applicable to those who have already been sentenced, and the sentence may be commuted if legal conditions are attached to the sentence for reformation. The so-called bail refers to the compulsory measures taken by the people's courts, people's procuratorates, or public security organs in criminal proceedings to order some criminal suspects or criminal defendants to bail their brothers as witnesses or pay a guarantee deposit to ensure that they are always available.

Legal basis: Article 65 of the Criminal Procedure Law.

It is clearly stipulated that 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) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not result in a socially dangerous sale;

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;

A sentence of one year cannot be released on bail, and bail pending trial is applicable before sentencing, and there is no bail after sentencing.

Bail pending further investigation, also known as release on bail, refers to a compulsory measure taken by public security organs, people's procuratorates, and people's courts against criminal suspects or defendants who have not been arrested, in order to prevent them from evading investigation, prosecution, and trial, to provide a guarantor or pay a guarantee deposit, and to issue a letter of guarantee to ensure that they will be available with the summons.

Parole is only suitable after sentencing. Parole refers to a system where, after serving a certain sentence, some offenders who have been sentenced to fixed-term imprisonment or indefinite imprisonment are truly repentant and reformed and will no longer endanger society, and are conditionally released early. "Conditionality" means that if a parole offender complies with certain conditions, it is considered that the original sentence has been served; If certain conditions are not met, they will be sent to prison to serve the original sentence or even a combination of punishments.

Parole is only suitable after sentencing. Parole refers to a system where, after serving a certain sentence, some offenders who have been sentenced to fixed-term imprisonment or indefinite imprisonment are truly repentant and reformed and will no longer endanger society, and are conditionally released early. "Conditionality" means that if a parole offender complies with certain conditions, it is considered that the original sentence has been served; If certain conditions are not met, they will be sent to prison to serve the original sentence or even a combination of punishments.

1. What are the conditions for release on bail pending further investigation?

Based on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under custodial summons, release on guarantee pending further investigation, or residential surveillance.

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 danger to society;

(3) Women who suffer from serious illness, 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) 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.

Bail is also called bail pending further investigation, and refers to a compulsory measure taken by public security organs, people's procuratorates, and people's courts to order criminal suspects or defendants who have not been arrested or arrested to evade investigation, prosecution, and trial, and to issue a guarantee to ensure that they will be available with the summons.

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 persons accused of death 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 are released on guarantee pending further investigation will not cause social handicraft and be dangerous;

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.

Bail is also known as release on bail pending further investigation, and refers to a compulsory measure taken by public security organs, people's procuratorates, and people's courts against criminal suspects or defendants who have not been arrested, in order to prevent them from evading investigation, prosecution, and trial, to provide a guarantor or pay a guarantee deposit, and to issue a letter of guarantee to ensure that they will be available with the summons.

1. Can drug trafficking be released on bail pending trial?

Drug trafficking bail pending trial will also be tried. Release on guarantee pending further investigation refers to the use of criminal suspects or defendants by public security organs, people's procuratorates, people's courts, and other judicial organs in criminal proceedings against criminal suspects or defendants who have not been arrested or who need to be modified after arrest; In order to prevent him from evading investigation, prosecution, and trial, he is ordered to provide a guarantor or pay a guarantee deposit, and a letter of guarantee is issued to ensure that he will be available with the summons, and that he will not be detained or temporarily released from detention.

2. Who to complain to if the police station does not refund the bail money?

If the bail money at the police station is not refunded, they may appeal to the organ that released on bail pending further investigation. Release on guarantee pending further investigation is a compulsory measure provided for in China's Criminal Procedure Law, which 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 their 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. After the period for release on guarantee pending further investigation is completed, if the person released on guarantee complies with the provisions during the period and does not take measures to modify the criminal case, he shall be released and the guarantee deposit shall be returned.

3. How long can I take leave to go to other places during the bail period?

If you leave the city without asking for leave, you are in violation of the regulations, and the guarantee deposit shall be confiscated and you shall be criminally detained or arrested. Release on bail pending further investigation is a criminal compulsory measure provided for by relevant laws. refers to a compulsory measure in criminal proceedings in which 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.

According to article 67 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on guarantee pending further investigation under 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 illness, 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) 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.