Do you have to go to jail if you are released on bail pending trial, and do you have to go to jail i

Whether or not you will need to go to jail after being released on bail depends on the court's decision.

Release on bail is only a coercive measure, not a criminal punishment. The key is to see whether the judgment rendered by the court after the expiration of the bail period is a judgment on whether criminal responsibility is pursued.

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. refers to a compulsory measure in criminal proceedings in which public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be available with the summons, and that they will not be detained or temporarily released from detention.

Legal Analysis: Release on bail is not the same as jail time. Release on bail is only a coercive measure imposed before the verdict is imposed, and it is not the same as imprisonment.

Release on guarantee pending further investigation refers to a criminal compulsory measure where, in the course of criminal proceedings, the investigative, prosecuting, and adjudication organs order a person who has been criminally prosecuted but is not criminally detained to evade investigation, prosecution, and trial, and to issue a guarantee to ensure that he or she is accompanied by a 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 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.

Whether or not to go to jail after release on bail pending trial is to be judged based on the following circumstances:

1. If you violate the relevant laws and regulations, you may be arrested. As for whether the final result requires imprisonment, the court will make a judgment after hearing;

2. If you are released on bail pending trial, it does not mean that you cannot be sentenced to a real sentence and do not need to go to jail in the end.

What are the requirements for release on bail pending further investigation?

The conditions for obtaining release on bail pending further investigation are as follows:

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 imposed, and release on bail pending trial will not cause a social disturbance to be dangerous;

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 bail pending trial in several grades to avoid social danger.

Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China.

Requirements and Enforcement for Release on Guarantee Pending Investigation] 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 blind and 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) 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.

Legal Analysis: Whether you still need to go to jail after being released on bail depends on the court's decision. 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: "The Criminal Procedure Law of the People's Republic of China Calls for Distress" Article 77: People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months.

Legal Analysis: It depends on the specific situation. Release on bail pending trial is only a relatively liberal coercive measure, not a final criminal judgment, so it does not mean that as long as the bail is processed, the defendant will be fine; Although he no longer has to be detained in a detention center, he still has to wait for trial.

Since it still needs to be tried by the court, it is possible to get a sentence of fixed-term imprisonment, and there is a possibility of going to jail.

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 persons or defendants suspected of committing crimes 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 deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the suspect or defendant to provide a guarantor or pay a guarantee deposit.

If new evidence emerges during the investigation and it can be determined that the person concerned is guilty, the public security organ will transfer it to the procuratorate for prosecution, and the court will make a judgment on the party; If it cannot be proved that the party committed a crime, the public security organ shall release the person on bail pending further investigation within the first year of the call, and notify the party of remorse.

Release on bail pending trial is only a coercive measure in the course of criminal proceedings, and does not mean that the case will be concluded and that no sentence will be imposed. Whether he will go to prison or not, he will have to go to justice and know the verdict after further trial. However, according to the conditions for release on bail pending further investigation, the person who can be released on bail pending trial is generally guilty of a relatively minor offense, and the sentence will not be too severe.

Release on guarantee pending further investigation is generally unrelated to the outcome of the trial, and whether a criminal suspect or defendant has been sentenced or needs to be imprisoned should be judged in light of the specific circumstances of the case.

"Release on guarantee pending further investigation" refers to a compulsory measure in criminal proceedings whereby the public security organs, people's procuratorates, people's courts, and other judicial organs destroy criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest, in order to prevent them from evading investigation, prosecution, and trial, order them to provide a guarantor or pay a guarantee deposit, and issue a letter of guarantee that they will be available at all times, and that they will not be detained or temporarily released from detention.

Release on bail pending further investigation is only a compulsory measure, not a criminal punishment, and it does not mean that a real sentence cannot be imposed in the end, and there is no need for fixed-term imprisonment or short-term detention or controlled release. The key to sentencing depends on 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. Therefore, generally speaking, if you are released on bail pending trial, it is very likely that you will not need to bear the responsibility of criminal affairs or be sentenced to a suspended sentence, a single fine or other non-substantive sentence.

Article 79 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on bail pending further investigation for a maximum of 12 months, and 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.