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Anonymous users2024-02-13Judging from the conditions for release on guarantee pending further investigation and the conditions for the application of a suspended sentence, if a suspect or defendant has been released on bail pending further investigation before, it is actually quite likely that a suspended sentence will be given later.
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Anonymous users2024-02-12The chances of a suspended sentence after release on bail depend on the circumstances of the case, the nature of the offence. However, after comparing the conditions for release on bail and probation, it can be seen that they are essentially the same, which means that it is also very likely that a criminal suspect who has been approved for release on bail will be given a suspended sentence in the future. Whether the offender applies for bail pending trial or has a suspended sentence at the time of sentencing, the corresponding conditions must be met.
Of course, if you have been released on bail pending trial before, even if you are sentenced later, there is a good chance of a suspended sentence after being released on bail pending trial.
Criminal Procedure 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 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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Anonymous users2024-02-11Legal Analysis: Case-by-case analysis. The sentence of probation depends on the circumstances of one's own crime, which has nothing to do with release on bail pending trial; However, as long as the bail is granted, it will also be of great help to the probation sentence in the future; Release on guarantee pending further investigation refers to the compulsory measures taken by the public procuratorate and judicial organs against criminal suspects or criminal defendants during the period of criminal proceedings, and refers to a system whereby a specific investigation body conducts an investigation of the convict within a certain probationary period and decides whether to apply a specific criminal punishment in accordance with law on the basis of the convict's performance during the probationary period.
Therefore, after a criminal suspect or defendant is released on guarantee pending further investigation, a suspended sentence may be announced if the legally-prescribed requirements are met. However, the final judgment is to be heard and determined by the people's court. Release on bail is not directly related to the verdict.
Judging from judicial practice, only those who have committed minor crimes can be released on bail pending trial, and the chances of obtaining a suspended sentence are greater.
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 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.
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Anonymous users2024-02-10If 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.
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Anonymous users2024-02-09Release 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.
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Anonymous users2024-02-08This 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.
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Anonymous users2024-02-07The probability of a suspended sentence on bail pending trial is determined on the basis of the nature of the crime, and where the application of a suspended sentence truly does not cause any further harm to society, based on the circumstances of the criminal's crime and his expression of remorse, a suspended sentence may be announced.
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.
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Anonymous users2024-02-06Release on bail is not directly related to the verdict. Judging from judicial practice, only those who have committed minor crimes can be released on bail pending trial, and the chance of striving for a suspended sentence is greater, but it is not inevitable, and it is difficult to say how much the probability is.
The law stipulates: Article 65 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 under 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 and residential surveillance are to be enforced by the public security organs.
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Anonymous users2024-02-05The conditions for a suspended sentence are that the offence is relatively minor, that the sentence is less than three years according to the circumstances of the crime, that there is an expression of remorse, and that there is no risk of recidivism. A suspended sentence may be imposed as long as this condition is met.
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Anonymous users2024-02-04There is a good chance of being released on bail pending trial. Release on bail pending further investigation, also known as bail, is the release of a criminal suspect on bail in the form of a bond, but if it is necessary to try a case related to the criminal suspect, the person released on bail should be on the spot. Under.
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Anonymous users2024-02-03Depending on what crime you have committed and what the specific circumstances are, release on bail pending trial is not the basis for a suspended sentence, and a suspended sentence cannot be imposed without bail. Please add additional questions.
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Anonymous users2024-02-02Release on bail is a criminal coercive measure and is not directly related to whether or not a suspended sentence is imposed.
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Anonymous users2024-02-01That depends on your interpersonal relationship, in fact, the law does not call for favors, it is okay, and after the judgment, you can also find someone to deal with any illness to release on bail pending trial.
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Anonymous users2024-01-31Almost the same, if it is serious, it is impossible to be released on bail pending trial.
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Anonymous users2024-01-301. Release on bail pending further investigation is necessary for both the parties and the judicial organs, and as long as the conditions are met, they can apply for release on bail pending further investigation.
2. Article 65 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 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.
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Anonymous users2024-01-29Judging from your account, the odds of a suspended sentence are quite high.
Get yourself a lawyer to intervene as soon as possible.
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Anonymous users2024-01-28If it's lighter, it should be fine.
Not necessarily, there is no specific probability of this, but it depends on the circumstances of the case, bail pending trial is only a criminal compulsory measure, does not mean innocence, in the current judicial practice, in the context of careful arrest and prosecution, not particularly serious violence and bad impact of the case, will be released on bail pending trial, whether to apply probation, need to see whether the conditions are met. >>>More
In judicial practice, if the criminal suspect has a good attitude in admitting guilt after intentionally causing serious injury, compensates the victim's losses, and obtains the victim's or the victim's close relatives' forgiveness, the three departments of the public security, procuratorate, and law may release the criminal suspect on guarantee pending further investigation if the criminal suspect applies or another person applies on his behalf. 1. According to the provisions of China's current laws, in any of the following circumstances, the judicial departments "may" or "shall" apply release on guarantee to the criminal suspect or defendant. (1) Where a sentence of controlled release, short-term detention, or an additional sentence 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 should be arrested in accordance with law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or breastfeeding their own babies; (4) Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient. >>>More
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. >>>More
After you are released on bail pending trial, the decision-making authority will tell you what to do, as long as you don't violate the rules.
The period of release on bail pending trial is one year, and there is no news after 7 months, which does not mean that the public security organs have withdrawn the case, because you are stealing your own property, so it is generally reduced or exempted from criminal punishment (depending on the amount of your theft and the consequences of the impact!).The fine is certain, so just wait! If the evidence is insufficient and the facts are unclear, the public security organs are required to supplement the investigation, and if the public security organs withdraw the case, they will notify you.