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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.
With regard to the conditions for the application of release on guarantee pending further investigation, 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 a person might 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 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 main differences between probation and release on bail are that the procedures are different; A person who has been released on bail pending further investigation has not been legally sentenced may be exempted from criminal responsibility (serving a sentence), while a suspended sentence is a sentence that has already been pronounced through legal procedures. and have a sentence in accordance with the law. Second, the executive departments are different; Release on bail pending further investigation is to be enforced by the public security organs, and the probation court pronounces the sentence and is enforced by the department (prison) that serves the sentence.
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Hello, bail pending trial is not a punishment, while probation is a punishment. Release on bail pending trial is a coercive measure taken before the verdict is handed down and does not deduct the sentence. A suspended sentence is a real punishment, that is, a sentence.
Moreover, being released on bail pending trial does not mean that he will necessarily be investigated for criminal responsibility, he may be exempt from punishment, and he may not constitute a crime at all. Hope it helps.
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Legal Analysis: The main differences between probation and release on bail pending trial: 1. Different procedures:
Release on bail pending further investigation has not yet gone through the legal sentencing process, and it is possible to be exempted from criminal responsibility or serve a sentence, while a suspended sentence is a sentence that has been pronounced through legal procedures and is in accordance with the provisions of the law. 2. The executive department is different; Release on guarantee pending further investigation is to be enforced by the public security organs, and suspended sentences are to be enforced by the court's sentencing and sentencing departments.
Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China 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 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: The full name of suspended sentence is the suspension of execution of criminal punishment, which refers to the first conviction of the perpetrator who violates the law and is confirmed to have constituted a crime and should be punished by legal procedures, and temporarily does not enforce the sentence imposed. For criminals who have been given a suspended sentence, community corrections are to be carried out in accordance with law during the probationary period of the suspended sentence.
The difference between the two is that a suspended sentence is a form of execution of criminal punishment, while release on bail is a compulsory measure, and the stages and conditions of the proceedings in which the two occur are also different.
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) May be sentenced to fixed-term imprisonment or higher, 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 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 ban on the mountain and the bridge to protect the land and disperse pending trial.
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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Legal Analysis: Suspended sentencing, also known as suspended sentencing, refers to the first conviction of the perpetrator who has violated the criminal law and is confirmed to have constituted a crime and should be punished by legal procedures, and temporarily does not carry out the sentence imposed. Release on bail pending further investigation refers to compulsory measures taken by a people's court, people's procuratorate, or public security organ to order a criminal suspect or criminal defendant to provide a guarantor or pay a guarantee deposit in a criminal Li Zao lawsuit, and to ensure that he will be available with the summons.
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 babies, and are released on guarantee pending further investigation so that they 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 employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.
Criminal Law of the People's Republic of China" Article 72: Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following conditions at the same time, and a suspended sentence 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) Expressions of remorse;
3) There is no risk of recidivism;
4) The probation is declared to have no significant adverse impact on the community in which the person resides.
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.
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