Is there no need to go to jail if you are released on bail pending trial?

Whether or not you will need to go to jail after being released on bail depends on the court's decision.

Release on bail is only a coercive measure, not a criminal punishment. The key is to see whether the judgment rendered by the court after the expiration of the bail period is a judgment on whether criminal responsibility is pursued.

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. 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.

Prison is not necessarily required after release on bail pending trial, and it should be determined by the court's decision based on the facts and evidence of the case. Only when the court makes a guilty verdict need to go to jail. Release on bail pending further investigation refers to a compulsory measure taken by the investigating agency 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 will be with him, and is not directly related to whether he will be sentenced to prison.

[Legal basis].Article 79 of the Criminal Procedure Law.

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.

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.

Release on bail pending further investigation does not mean that there is no need to go to jail, and it is still necessary for the people's court to make a corresponding judgment before it can be determined whether to go back to prison.

"Release on guarantee pending further investigation" refers to a compulsory measure in criminal proceedings whereby 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 compulsory measures after arrest to prevent them from evading investigation, prosecution, or trial, and issue a letter of guarantee that they will be summoned at all times, and that they will not be detained or temporarily released from detention. It is to be enforced by the public security organs.

The process of handling release on bail pending further investigation:

1. Where a criminal suspect who meets the requirements for release on guarantee submits an application, the application for release on guarantee pending further investigation shall meet 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 babies, and are released on bail 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 take release on guarantee pending further investigation;

2. Where the public security organs conduct a review and meet the requirements, order them to provide a guarantor or pay a guarantee deposit;

3. Inform the criminal suspect of the precautions, the provisions to be followed, and legal responsibility;

4. Notify and hand over to the police station for enforcement.

There is no necessary connection between release on bail and the final sentence and whether or not he will be taken into custody to serve his sentence. If the party released on bail pending further investigation has not been sentenced to a suspended sentence by the court, the party will still be taken into custody to serve his sentence after the court's judgment takes effect; If the court sentences a suspended sentence, the person concerned should be subject to community correction, and the person concerned will not be arrested by the court and taken into custody.

[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 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. 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.

Legal analysis: After being released on bail pending trial, the person released on bail is also likely to go to prison. If the court finds the suspect guilty, the bail person will be immediately sent to prison and sentenced to execution.

Where release on guarantee pending further investigation is about to expire, the enforcement organ shall notify the decision-making organ in writing 15 days before the completion of the time limit, and the decision-making organ is to make a decision to lift release on guarantee or modify the compulsory measures, and notify the enforcement organ in writing before the time limit is completed.

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 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.

Summary. Hello, according to Article 67 of the Criminal Procedure Law, 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) they may be sentenced to controlled release, short-term detention or independently apply supplementary punishments; 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.

Hello, according to your description, no, release on bail does not mean that you do not have to go to jail, release on bail is only a criminal coercive measure. If after Chang Zaoguo is released on bail pending trial, there is sufficient evidence to prove the existence of the crime after the first investigation, and the procuratorate also believes that a public prosecution should be initiated, then the suspect will still need to go to jail.

Hello, according to Article 67 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may release Tuan Liang on guarantee pending further investigation of a criminal suspect or defendant in any of the following circumstances: (1) where a person 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 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 the use of release on guarantee and exclusive trial will not cause danger to society; (4) At the end of the period of detention, the case has not yet been completed, and it is necessary to take the position of release on guarantee pending further investigation.

1. Is there no need to go to jail if you are released on bail pending trial?

1. Whether you will go to jail after being released on bail depends on the situation. Bail pending trial does not mean that you will not be sentenced to a real sentence and will not need to go to jail. Release on bail is only a change in the coercive measures.

In case of violation of relevant laws and regulations, it is possible to arrest him. As to whether the final result is a prison sentence, the court will make a judgment after hearing.

2. Legal basis: Article 177 of the Criminal Procedure Law of the People's Republic of China.

Where the criminal suspect has no facts of the crime, or has any of the circumstances provided for in article 16 of this Law, the people's procuratorate shall make a decision not to prosecute. Where the circumstances of the crime are minor and it is not necessary to give a criminal punishment or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute. In cases where the people's procuratorate decides not to prosecute, it shall at the same time release the sealing, seizure, or freezing of assets that were sealed, seized, or frozen during the investigation.

Where it is necessary to give administrative punishment or sanction to the person not being prosecuted, or to confiscate their unlawful gains, the people's procuratorate shall submit a procuratorial opinion and transfer it to the relevant competent organs for handling. The relevant competent organs shall promptly notify the people's procuratorate of the outcome of the disposition.

II. What are the requirements for release on guarantee pending further investigation?

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 pretend to be breastfeeding their babies, and are released on bail pending trial 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 take release on guarantee pending further investigation;

Release on bail pending further investigation is only a criminal coercive measure taken against a criminal suspect or defendant, and it does not determine whether a sentence or imprisonment is necessary. If a criminal suspect or defendant commits a criminal act and is found guilty by the people's court, then he or she needs to be imprisoned.

[Legal basis].Article 67 of the Criminal Procedure Law.

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 will not cause danger to society;

3) Women who suffer from serious group grinding diseases, 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.

Whether you will go to jail or not needs to look at the court verdict quietly, and generally when the court verdict will take effect is the effective time, and Shanbu needs to be detained after the verdict is issued. In the case of admitting guilt and accepting punishment, the sentence will be relatively reduced in terms of sentencing.

Release on guarantee pending further investigation refers to the compulsory measure taken by the investigating organ to order the criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he does not evade or obstruct the investigation.