1. Is it necessary to go to jail on bail?
Bail pending trial is only a relatively free compulsory measure, not the fina
1. Is it necessary to go to jail on bail?
Bail pending trial is only a relatively free compulsory measure, not the final criminal judgment. Therefore, it does not mean that as long as the defendant is released on bail pending trial, everything will be fine. Although he will not be held in the detention center again, he still has to wait for trial.
Because the court trial is still needed, it is possible to get a sentence of fixed-term imprisonment and the possibility of imprisonment. But generally speaking, the case in which the defendant can get bail pending trial is not too harmful to society, and there is great hope of obtaining probation and exemption from criminal punishment. Therefore, during the period of bail pending trial, the defendant and his family members need to cooperate with the lawyer's advice and try to seize some opportunities conducive to sentencing.
Legal basis: Article 67 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
Second, the provisions that should be observed during the period of bail pending trial.
According to the provisions of Article 71 of the Criminal Procedure Law, criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(2) Not meeting or communicating with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.