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If you are released on bail and sentenced before trial, you do not need to go back to jail.
Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and if the actual flow rate is less than the agreed value, the lower limit of the charging flow will be charged.
The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.
According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.
Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.
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 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.
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In criminal cases, bail is a procedure that takes place before the court hears the case and when the suspect has not been convicted. The procedure has nothing to do with sentencing. Whether or not the sentence is released on bail pending further investigation does not affect the outcome of the verdict, and whether or not the sentence can be suspended has nothing to do with whether or not the sentence is released on bail pending further investigation.
If the final verdict is that the suspect needs to serve his sentence in prison, of course, it will be carried out in accordance with the verdict.
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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. Therefore, generally speaking, it is very likely that a person who is released on bail pending trial will not need to bear criminal responsibility or be sentenced to a suspended sentence, a single fine, or other non-substantive sentence.
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Hello, according to your description, according to the law, a criminal case is released on bail pending trial, and if a suspended sentence is given in accordance with the law after being tried by the court, there is no need to go to prison, and if you are sentenced to a real sentence, you need to go to prison to serve your sentence.
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If the sentence is actual and needs to be taken to prison, the suspended sentence does not need to be imprisoned.
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Whether or not to go back to prison after being released on bail pending trial needs to be determined according to the actual situation. After being released on bail pending trial, if the people's court has already sentenced the actual sentence, then the criminal needs to go back to prison. However, if the people's court has already given a suspended sentence, then there is no need to go to prison to go to prison, and convicts who have been sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentence outside of prison are to be subject to community corrections in accordance with the law, and the community corrections institutions are responsible for enforcement.
Criminal Procedure Law of the People's Republic of China
Article 258.
For convicts sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentence outside of prison, community corrections is to be carried out in accordance with law, and the community corrections establishments are responsible for enforcement.
Criminal Law of the People's Republic of China
Article 67.
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 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.
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Release on bail pending further investigation is only a criminal coercive measure taken against a criminal suspect or defendant, and 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 go to prison. After being released on bail pending trial, there is no need to go back to jail if you are sentenced.
The term "imprisonment" usually refers to the person being taken into custody to serve his sentence after being sentenced. However, release on bail pending further investigation is only a criminal coercive measure taken against a criminal suspect or defendant, and it is up to the court to decide whether a crime is constituted in the end. If the person is finally sentenced by the court and is taken into custody to serve his sentence, he is considered to be serving a prison sentence.
In addition, according to the law, because the person is not actually detained, the time spent on bail pending trial cannot be deducted from the sentence. Release on bail pending trial is a compulsory measure stipulated in the Criminal Procedure Law, which is not a criminal punishment in itself, and its purpose is to ensure the smooth progress of criminal proceedings. As for whether the parties are ultimately guilty, what the guilt is, and what sentence is sentenced, this will be determined by the court after the trial.
Procedures for release on bail pending further investigation:
1) An application for release on guarantee pending further investigation. Detained criminal suspects and defendants, as well as their legally-designated persons and close relatives, as well as lawyers hired by criminal suspects, submit applications for release on guarantee pending further investigation.
2) A decision to release on guarantee pending further investigation. After the public security organs, people's procuratorates, and people's courts receive an application for release on guarantee pending further investigation, they shall make a reply within 7 days of whether they agree or not.
3) Enforcement of release on guarantee pending further investigation. The enforcement organ for release on guarantee pending further investigation is the public security organ. When enforcing the law, the public security organs shall read the "Decision on Release on Guarantee Pending Investigation" to the criminal suspect or defendant, and have them sign or affix a seal, informing them of the provisions they shall comply with during the period of release on guarantee.
4) The applicant pays a deposit or provides a guarantor.
5) Release on guarantee pending further investigation must not exceed 12 months. During the period of release on guarantee pending further investigation, the investigation, prosecution, and trial of the case must not be interrupted.
6) If release on guarantee pending further investigation is not approved, the applicant shall be promptly informed.
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 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 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.
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Legal analysis. : Whether or not you will need to go to jail after being released on bail depends on the court's decision. Poor release on bail pending trial is only a coercive measure, not a criminal punishment.
The key is to see whether the court makes a judgment on guilt or innocence, whether the crime is serious or minor, and whether criminal responsibility is pursued after the expiration of the period of 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 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 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 public security organs are to enforce the state bail pending further investigation.
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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According to the relevant laws and regulations of our country, after being released on bail pending further investigation, if the actual sentence is given, they must go back to prison, and if they are given a suspended sentence, they do not need to go to prison to go to prison, and for convicts who have been sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentence outside of prison, community corrections shall be carried out in accordance with the law, and the community corrections institutions shall be responsible for enforcement.
According to article 258 of the "Criminal Procedure Law of the People's Republic of China": For convicts sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentence outside of prison, community corrections is to be carried out in accordance with law, and the community corrections establishments are responsible for enforcement.
Article 258 of the Criminal Procedure Law of the People's Republic of China stipulates that community corrections shall be carried out in accordance with law for convicts sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentence outside of prison, and the community corrections establishments shall be responsible for enforcement.
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