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Detention after 12 months of release on bail is subject to a case-by-case analysis. Release on guarantee pending further investigation is a form of temporary detention of a criminal suspect by the relevant authorities. It is usually used by criminal suspects whose crimes are relatively minor and do not require detention or arrest, but require certain restrictions on their freedom of movement, and are generally enforced by the public security organs.
After release on bail, if there is evidence to prove the facts of the crime, depending on the circumstances of the case, a decision will be made on whether to transfer the case, withdraw the case, or change the compulsory measures, so the sentence may also be imposed after release on bail.
Criminal Procedure Law of the People's Republic of China
Article 79.
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.
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There is a high probability of being sentenced, and it is usually a real sentence. Since he is taken into custody after the expiration of the bail period pending trial, it generally means that the suspect is convicted of the crime and does not meet the conditions for release on bail pending further investigation, residential surveillance, etc., so he will generally be sentenced.
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[Legal Analysis].After the people's procuratorate or the court of law or the clan court makes a decision to lift the bail pending further investigation in accordance with the law, it may change the case to more compulsory measures, such as residential surveillance, arrest, etc., based on the actual circumstances 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 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 harm 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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Summary. Hello dear, glad to answer your <>
There is still a possibility that he will be sent to prison after being released on bail pending trial. During the period of release on guarantee, it is necessary to comply with the relevant laws and regulations, and if the legal provisions on release on guarantee are not complied with, they may be detained or arrested. In addition, release on guarantee pending further investigation does not interrupt the investigation, prosecution, and trial of the case, and on the basis of the facts of the crime, the nature and circumstances of the crime, and the harmfulness to society, the people's court shall make a judgment after trial in accordance with law, and if a person is sentenced to fixed-term imprisonment or short-term detention without a suspended sentence, he or she needs to be returned to prison to serve his sentence.
Will I be released on bail for 10 months or will I be imprisoned?
Hello dear, glad to answer your <>
There is still a possibility that he will be sent to prison after being released on bail pending trial. During the period of release on guarantee, it is necessary to comply with the relevant laws and regulations, and if the legal provisions on release on guarantee are not complied with, they may be detained or arrested. In addition, release on bail pending further investigation does not interrupt the investigation, prosecution, and trial of the case, and on the basis of the facts of the crime, the nature and circumstances of the crime, and the harmfulness to society, the people's court shall make a judgment after trial in accordance with law, and if a person is sentenced to fixed-term imprisonment or short-term detention and has not received a suspended sentence, he or she shall be returned to prison to serve his sentence.
Bury. It is a criminal coercive measure provided for in the Criminal Procedure Law. It refers to the use of the public, procuratorate, and judicial organs in the criminal procedure to prevent criminal suspects from evading investigation, prosecution, and trial.
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