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This situation is completely normal, don't worry, and you won't be taken into custody again unless there are special circumstances. Let's take a closer look.
For those detained in criminal cases, release is certainly a dream dream. Combined with the relevant legal provisions, there are generally five possibilities for release.
The first possibility is acquittal. This kind of release is of course what everyone wants, but the probability is minimal. The second possibility is that the procuratorate will exempt you from prosecution or the court will exempt you from criminal punishmentThis is the best result after acquittal.
After all, it can be determined that the circumstances of the crime are particularly minor, and it will not have much impact on future work and life.
The third possibility is to be released with a non-custodial sentenceThat is, a sentence of controlled release or probation, or a single fine or other additional sentence. This is a relatively common practice in judicial practice, but most of them are released only after the court has made a decision.
The special circumstances here include the following: the sudden and serious illness is unsuitable for continued detention; Alteration of coercive measures due to the discovery of a pregnant or lactating woman who has been wrongly detained; (b) The coercive measures are changed because the victim's losses have already been compensated and the victim's forgiveness has been obtained, and the circumstances of the crime are relatively minor; Due to the length of detention and the fact that the trial may not be completed in a short period of time, the coercive measures are changed first, and then the court decides on the decision.
Under normal circumstances, a formality for release after completion of sentence will be issued, but in very special circumstances, release will be made in the form of release on bail pending trial.
One situation is that after the sentence is served, the sentence is completed before the 10-day appeal period has expired. For example, the verdict was delivered on 1 April, but the sentence stated in the verdict should be released on 3 April. In criminal cases, the appeal period is 10 days, and in cases where the sentence has not yet entered into force, the coercive measures must be changed for release.
In the second case, the person himself or his co-defendant appealed, resulting in the judgment not taking effect. In such a situation, some may worry about whether they will continue to be detained. According to the clear provisions of the interpretation of the Criminal Procedure Law, as long as the sentence of the first-instance judgment has arrived, it must be released first and the compulsory measures must be changed.
Even if the procuratorate protests, the sentence may be increased, but it must be released first. StillIn either case, there is one thing in common, that is, the judgment has not yet entered into force.
Of course, under normal circumstances, a person who has been released from prison will not be taken into custody again, and there is only one possibility: that is, the original sentence will be changed and the sentence will be increased. And there are three possibilities for triggering such an outcome:
First, the procuratorate raised a protest, and the sentence was increased in the second instance.
Second, after the defendant appealed, the court of second instance remanded the case to the court of first instance for retrial, and in the course of the retrial, the procuratorate made an additional indictment.
Third, after the judgment takes effect, due to the emergence of new circumstances and the trial supervision procedure is followed, the court will retry the case and increase the original sentence.
It should be noted that there are only three of the above three circumstances in which the sentence will be increased, and if there is only an appeal, no retrial, and no protest, the sentence will not be increased, because the law clearly stipulates a basic principle - no increase in sentence on appeal.
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The first point is that certain procedures are still required after the release from prison, and the second point is that there may still be some other things, and a specific trial is still required, so there will be bail pending trial.
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Legal analysis: The public, procuratorial and judicial organs all have the right to decide on release on bail pending further investigation, that is, a criminal suspect or defendant may be released on bail pending further investigation at any stage of criminal proceedings.
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 illness, 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 deciding 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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How to deal with the situation after the expiration of the bail period depends on the circumstances, including:
1. Where the circumstances of the crime are obviously minor, the harm is not great, and it is not necessary to pursue criminal responsibility, release on guarantee pending further investigation is revoked;
2. The evidence is insufficient, and it is impossible to be stupid to pursue responsibility, otherwise, the bail pending trial will be revoked;
3. If it is necessary to pursue responsibility, transfer the case to the procuratorate of the procuratorate, or change the compulsory measures.
[Legal basis].Article 67 of the Code of Criminal Procedure.
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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Release on bail pending further investigation is a compulsory measure provided for in China's Criminal Procedure Law, and the maximum period must not exceed 12 months, and there is no direct correlation between release on bail pending further investigation and sentencing.
Whether or not a person will be sentenced after the expiration of the period of release on bail will be analyzed according to the circumstances of each case, and if the court finds that a crime has been constituted, he will still be sentenced.
1. What is the approximate period for release on bail pending further investigation?
The period of release on guarantee pending further investigation is approximately not more than 12 months, and the specific period is to be determined by the organ making the decision on release on guarantee pending further investigation on the basis of actual circumstances. The latest Criminal Procedure Law stipulates that courts, procuratorates and public security organs shall release criminal suspects or defendants on bail pending further investigation for a maximum period of 12 months; If it is discovered that criminal responsibility should not be pursued or that release on guarantee pending further investigation has expired, release on guarantee pending further investigation shall be promptly lifted in accordance with law.
II. How long is the period for transfer to bail pending further investigation after the arrest is not approved due to insufficient evidence?
If the evidence is insufficient, the maximum period for release on bail is 12 months.
According to article 79 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs must not release a criminal suspect or defendant on bail pending further investigation for a maximum of 12 months, and the maximum period of 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.
3. How long is the prescribed period for release on bail pending further investigation?
The period of release on bail pending further investigation shall not exceed 12 months. According to article 79 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs must not release a criminal suspect or defendant on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed six months.
During the period of release on bail pending further investigation or surveillance of the residence, 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.
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 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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Summary. In short, if the bail is successful, there is still a chance to give a suspended sentence later.
If I am released on bail pending trial, will I still be sentenced to a suspended sentence if I am imprisoned during the judgment period?
It depends on what you are guilty of.
It also depends on the circumstances of your crime.
In short, if the bail is successful, there is still a chance to give a suspended sentence later.
Gang network fraud, the total amount is more than 50,000, my husband just went to work, went for more than ten days, and the amount involved was 2,300.
They have been released on bail pending trial for a year, and in the first ten days or so, they were called to the court and taken into custody directly two days before they were waiting for the verdict at home.
Probation may be possible if the circumstances are minor.
Have you hired a lawyer here?
If a lawyer is appointed, the chances of getting a suspended sentence are better.
But now this lawyer we hired says that we can only wait for the verdict now? Nothing for us.
And we're already ***, can the lawyer still help us get a suspended sentence? I don't think the lawyers we hired are doing much.
Lawyers generally do things, but they don't report them one by one.
My husband was called to work by a friend in March last year, and the result was an Internet fraud, and he was arrested for 10 days on suspicion of 2,300. Later, he was released on bail pending trial, and the last Liang brother Zhou Cai**, was taken into custody while waiting for the verdict after the trial, is this a real verdict? Is there still a chance of probation?
Gang network fraud, the total amount is more than 50,000, my husband just went to work, went to more than a dozen dusty days, involving an amount of 2,300.
Uh-huh, I've got you above.
There is a chance to fight for it.
Can you tell me, now that the court is open, and he or the nucleus have also been taken in, how can I bring Xiang Xiang to fight for the concealment of the shirt?? Please say thank you for being more detailed, I can't send this one.
Because you have entrusted a lawyer, it is recommended that you communicate with a lawyer, and the real situation is only known to the lawyer, depending on whether he can fight for it.
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Impossible. You must be mistaken.
Those who have been released from prison after completing their sentences will not be released on bail again in this matter.
A new sin must have been committed.
Because this new sin you have committed is relatively minor.
So he was released on bail pending trial.
You will need to apply for bail on your own.
What is the reason?
Surely you know best.
You're still here asking questions.
You're really legally illiterate.
No wonder you keep going into places like this.
You have to remember your lessons.
Otherwise, your life will be ruined.
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Will Liang Fan be sentenced after the expiration of the bail period depends on the specific circumstances. Release on bail pending further investigation is a compulsory measure stipulated in China's Criminal Procedure Law, and the maximum period must not exceed 12 months, and there is no direct correlation between release on bail pending trial and sentencing. Whether or not a sentence will be imposed after the expiration of the period of release on bail will be analyzed according to the circumstances of each case, and if the court finds that the scumbags have committed a crime, they will still be sentenced.
Your friend is suspected of committing a crime, and the case has not been tried at all, and now the case is estimated to be in the review and prosecution stage or has just been accepted by the court, so you can apply for bail pending trial, and you need to prepare money to go to the public security organ to go through the formalities.
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