-
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.
Legal basis: Article 66 of the Criminal Procedure Law of the People's Republic of China: 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: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation or residential surveillance 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 the use of release on guarantee pending further investigation or residential surveillance will not cause danger to society.
Release on guarantee pending further investigation and residential surveillance are to be enforced by the public security organs.
-
The chance of a suspended sentence on bail pending trial is 95 per cent, and the other 5 per cent includes non-prosecution and probation, controlled release, and criminal detention. The premise is that you must abide by the provisions of release on bail pending further investigation, do not leave your current place of residence, leave your current place of residence, ask for leave from the community police, and ask for leave from the leader of the office for a long time (such as more than one day), and report to the sub-bureau for approval.
-
Legal analysis: Some of those who apply for bail pending trial will withdraw the case or not prosecute, and some will go to the court stage to seek a suspended sentence with a probability of more than 80%.
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.
-
Legal Analysis: The probability of a suspended sentence after release on bail pending trial is determined on the basis of the nature of the crime, and for criminals sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be declared based on the circumstances of the criminal's crime and his expression of remorse, and the application of a suspended sentence will indeed no longer endanger society.
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 probation or short-term detention might be given, or an additional sentence might be 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 completed, and it is necessary to employ release on guarantee pending further investigation.
Release on bail 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, he was imprisoned before **, and the chances of a suspended sentence are not high. In practice, if a case is given a suspended sentence, it will not be transferred to prison, and in the case of imprisonment, it is more likely that a real sentence will be imposed.
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: Where people's courts, people's procuratorates, and public security organs decide to release a criminal suspect or defendant on guarantee pending further investigation, they shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.
-
There is a 50% chance of a suspended sentence on bail, there is no absoluteness in the sentence of probation after release on bail pending trial, but the probability of a suspended sentence is very large, and the compulsory measure of release on bail pending trial is aimed at people who have committed very minor crimes, otherwise they will definitely be detained, and you will not be released on bail, and the final sentence of 90 bail pending trial is a suspended sentence, and even the case is withdrawn. Legal basis: Article 72 of the Criminal Law of the People's Republic of China: Suspended sentences may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:
1) The circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.
What are the chances of a suspended sentence on bail.
There is a 50% chance of a suspended sentence on bail, there is no absoluteness in the sentence of probation after release on bail pending trial, but the probability of a suspended sentence is very large, and the compulsory measure of release on bail pending trial is aimed at people who have committed very minor crimes, otherwise they will definitely be detained, and you will not be released on bail, and the final sentence of 90 bail pending trial is a suspended sentence, and even the case is withdrawn. Legal basis: Article 72 of the Criminal Law of the People's Republic of China: Suspended sentences may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:
1) The circumstances of the crime are relatively minor; (2) Showing remorse; There is no danger of re-sinking; (4) The suspended sentence announced by the airman has no major adverse impact on the community in which he lives. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific people during the probationary period of probation. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.
The other party didn't give money to buy things in my store, and he first disturbed where to beat people, and the focus of my beating was to identify the second degree of minor injury, and I Li He also got a letter of understanding, and I was released on bail pending trial, how long can I betray?
In this case, the sentence is generally not more than three years, and it is to be carried out outside of prison.
This situation is considered excessive self-defense, and in law it is excessive self-defense.
-
There is no direct correlation between release on bail and probation. 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. Legal basis:
Article 67 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 they may be sentenced to controlled release, short-term detention, or independently applied 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 taking release on guarantee pending trial 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 and residential surveillance are to be enforced by the public security organs.
If the purpose of calling him is to beat him, then it meets the requirements of the Criminal Law as "prior conspiracy", which can be found to be a joint crime, and you are enough to become a "crime of intentional injury". The determination of who is the principal offender depends on the role played in the crime. Since you have also done it, you can be considered to be a perpetrator. >>>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
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.
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
According to the law, after arrest, an application shall be made to the procuratorate for release on guarantee pending further investigation. From the perspective of judicial practice, it is not easy for a criminal suspect to apply for bail pending further investigation after being arrested. >>>More