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It depends.
Release on bail pending further investigation is only a change in the coercive measures. In case of violation of relevant laws and regulations, it is possible to arrest him. Whether the final result is a prison sentence is decided by the court.
Release on bail pending trial does not mean that you will not be sentenced to a real sentence and will not need to go to jail in the end. However, there are conditions for release on bail pending further investigation, and only those who are generally minor and do not do much harm can be released on bail.
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Direct release on bail at the police station means that there is no need to detain or arrest for the time being, but there are certain restrictions on the suspect's freedom of movement. However, this does not mean that the case is already fine, because the investigation, prosecution and trial of the case must not be interrupted while the bail is pending. The final determination of whether there is a crime or not must wait until the investigation of the case is completed, and if it is necessary to prosecute in accordance with the law, it must wait until the court decides.
In accordance with the provisions of China's relevant laws, the people's courts, people's procuratorates, and public security organs may, on the basis of the circumstances of the case, custodial summons, release on guarantee pending further investigation, or residential surveillance of criminal suspects or defendants. 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 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 are released on guarantee pending further investigation will not be a 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.
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Legal Analysis: Release on bail pending further investigation refers to a compulsory measure taken by the investigating organ ordering a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he will not evade or obstruct the investigation, and to be summoned at any time.
Legal basis: Article 67 of the Criminal Law of the People's Republic of China: The people's courts, people's procuratorates, and public security organs may release suspects or defendants who commit crimes in any of the following circumstances on guarantee pending further investigation
1) They might be sentenced to short-term detention or independently apply 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 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) 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.
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Legal analysis: The party is a repeat offender, and the police station grants bail pending trial, probably because the case is still in the investigation stage, and the party meets the conditions for release on bail pending trial.
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 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 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 are released on guarantee pending further investigation will not be a danger to society;
4) Where the period of detention is complete, the case has not yet been resolved, and release on guarantee pending further investigation is required.
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.
It depends.
Release on bail pending further investigation is only a change in the coercive measures. In case of violation of relevant laws and regulations, it is possible to arrest him. Whether the final result is a prison sentence is decided by the court. >>>More
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As a guarantor for release on bail pending further investigation, he or she is obliged to keep a record at the police station, which does not affect the issuance of a certificate of innocence. >>>More
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Of course, the one-sided point of release on bail pending trial is generally understood to allow the criminal suspect not to stay in the detention center during the investigation without affecting the investigation and investigation of the case, but this depends on the nature of the crime. If it is a murder or robbery, it will be difficult to be released on bail pending trial, and whether it will affect the investigation of the case......There are every reasons why the police station did not allow him to be released on bail pending trial. Remember one thing: >>>More