Are there any chances of a suspended sentence after being released on bail?

If they are able to comply with the relevant laws and regulations on release on guarantee pending further investigation, accept the supervision of the regulatory departments, and have no other illegal or criminal circumstances, the possibility of being given a suspended sentence is relatively relatively large. Even depending on the circumstances of the case, it may be possible not to prosecute or be exempted from criminal punishment.

Release on guarantee pending further investigation is a form of temporary detention of a criminal suspect by the relevant authorities.

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. In China, it refers to compulsory measures taken by people's courts, people's procuratorates, or public security organs ordering certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits to ensure that they will be available at all times. It is to be enforced by the public security organs.

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. It is generally enforced by the public security organs. However, in order to be released on guarantee pending further investigation, the relevant actor needs to meet the relevant requirements and apply for release on guarantee pending further investigation in accordance with the corresponding release on guarantee procedures, and after the application is successful, the actor also needs to comply with the corresponding provisions during the period of release on guarantee.

The probability of a suspended sentence after release on bail is determined by the nature of the crime, but because the crimes of suspects who can be released on bail pending trial are basically not serious, and the conditions for release on bail pending trial must also require that they are not repeat offenders before they can be released on bail pending trial, there is a high chance that they will be sentenced to a suspended sentence or other non-substantive sentence after being released on bail.

This is because the conditions for release on bail and probation are essentially the same. Those who can be released on bail pending trial can basically be sentenced to a suspended sentence.

However, under the influence of the new crown epidemic, some small cases where the facts of the case are simple and the criminal suspect will not flee may be released on bail pending trial even if the actual sentence will be clearly imposed in the future.

The probability of a suspended sentence after release on guarantee pending further investigation is determined on the basis of the nature of the crime, and for criminals sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be announced based on the circumstances of the criminal's crime and expression of remorse, and the application of a suspended sentence will truly no longer endanger society.

According to article 72 of the Criminal Law of the People's Republic of China, a suspended sentence may be announced for criminals sentenced to short-term detention or up to three years imprisonment, based on the circumstances of the criminal's crime and expressions of remorse, where the application of a suspended sentence truly does not cause any further harm to society. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. A system in which a specific investigation body conducts an examination of a convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the convict's performance during the probationary period. Release on guarantee pending further investigation refers to compulsory measures taken by a people's court, people's procuratorate, or public security organ in a criminal proceeding to order a criminal suspect or criminal defendant to provide a guarantor or pay a guarantee deposit to ensure that he is always available.

With regard to the conditions for the application of release on guarantee pending further investigation, article 67 of the Criminal Procedure Law clearly stipulates 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 person might 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 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 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.

The main differences between probation and release on bail are that the procedures are different; A person who has been released on bail pending further investigation has not been legally sentenced may be exempted from criminal responsibility (serving a sentence), while a suspended sentence is a sentence that has already been pronounced through legal procedures. and have a sentence in accordance with the law. Second, the executive departments are different; Release on bail pending further investigation is to be enforced by the public security organs, and the probation court pronounces the sentence and is enforced by the department (prison) that serves the sentence.

Generally, those released on bail pending trial have a greater chance of being given a suspended sentence. The conditions of the two are somewhat similar, and both are suitable for fixed-term imprisonment of less than three years.

Article 72 of the Criminal Law stipulates that a suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

There is a certain probability. However, it is not possible to determine exactly.

Release on bail pending further investigation is only a relatively lenient criminal coercive measure imposed on criminal suspects under statutory conditions. Specific sentencing needs to be determined by the judicial organs on the basis of the facts of the crime and statutory provisions.

Conditions for release on bail pending trial as stipulated in the Criminal Procedure Law: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 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 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.

There is no necessary connection between release on bail pending trial and a suspended sentence, and whether a suspended sentence can be applied must be analyzed according to the specific circumstances of the case.

1. The explanation of release on guarantee pending further investigation meets the requirements for release on guarantee pending further investigation;

2. There is basically no substantive connection between release on bail and probation;

3. Whether a suspended sentence can be given is also determined based on the specific circumstances of the case to see whether the conditions for a suspended sentence can be met;

It is estimated that there is no, the amount of 6,000 yuan is very small, and the sentence of half a year is heavy enough, and the sentence within three years can apply for probation. I guess it's a fine of about 10,000 yuan. The sentence may not be negotiable, as long as the attitude is better.

There is no necessary connection between being released on bail pending trial and being sentenced to a suspended sentence, and whether a person can be sentenced to a suspended sentence depends on whether the conditions for applying a suspended sentence as provided for in the Criminal Law are met.

Legal basisCriminal 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 banquet 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 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 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.

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.

Release on bail does not in itself directly affect the chances of a suspended sentence, but rather is related to the facts of the case and the defendant's personal circumstances. If the defendant is able to actively admit guilt, compensate for losses, obtain forgiveness, and take remedial measures during the period of release on bail, and the social harm of the case is not very large, then the probability of a suspended sentence is greater. However, if the defendant's criminal conduct is serious, the harm to society is great, or the personal injury or property damage is serious, then the probability of a suspended sentence is relatively low.

Therefore, the chances of a suspended sentence need to be analyzed on a case-by-case basis, and release on bail is only one factor.

Release on bail refers to a measure whereby a criminal suspect is temporarily released on bail before he or she is sentenced. Suspended sentence means that when the judge sentencs the convict, he or she may decide to give him a suspended sentence, that is, after the judgment is announced, the judgment is not immediately enforced, but the sentenced person continues to remain in society and undergo a certain period of supervision and probation, with a view to achieving the goal of reform.

The chances of a suspended sentence after release on bail depend mainly on factors such as the specific circumstances of the lenient crime, the facts of the case, and the performance of the convicted. Generally speaking, if the criminal suspect commits a relatively minor crime, or is able to admit guilt and repentance, actively make compensation, and take the initiative to reform while on bail, and can provide some strong defense materials and witness testimony, etc., the chances of being given a suspended sentence may be increased.

However, it should be noted that probation is a kind of legal tolerance, not a tacit call for discretion. When deciding whether to impose a suspended sentence, the court will comprehensively consider a variety of factors such as the circumstances of the crime, the harmful consequences, the victim's opinion, the social impact, the character of the sentenced person, his performance, and his potential for reform. Therefore, whether or not a suspended sentence can be given after release on bail pending trial needs to be analyzed on a case-by-case basis, and cannot be generalized.

Legal Analysis: The probability of a suspended sentence after release on bail pending trial is determined by the nature of the crime, and for criminals sentenced to short-term detention or less than three years imprisonment, a suspended sentence may be declared based on the circumstances of the criminal's crime and his expression of remorse, if the application of a suspended sentence will indeed no longer endanger society.

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 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.

The 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 analysis: There is no inevitable connection between being released on bail pending trial and being sentenced to a suspended sentence, and whether a party can be sentenced to a suspended sentence depends on whether it meets the conditions for the application of suspended sentences as stipulated in the Criminal Law.

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 fiber or have 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, and 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.