How long will it be safe to be released on bail and not sentenced?
It is safe to be released on bail pending trial. We often see the word "bail pending trial" in some legal channels or some cases. It also requires certain conditions to be released on bail pending trial. If the criminal suspect meets the requirements, he still needs to provide a deposit or guarantor. So how long is it safe to get bail pending trial?
How long is it safe not to be sentenced after bail pending trial? 1 According to the law, the time for bail pending trial shall not exceed 12 months. For those who are about to expire and the court has not yet made a judgment, the executing organ will generally notify the decision-making organ to release the bail pending trial, and the decision-making organ will decide whether to release the bail pending trial or change it to other compulsory measures.
It still depends on what kind of judgment the court makes. Judging from the author's experience, most people who are released on bail pending trial will be sentenced to probation.
However, it should be noted that bail pending trial is only a compulsory measure, which does not mean that the court will eventually impose a penalty. If the court finds that the suspect does not constitute a crime, it will not be punished.
? The lawyer replied.
If it does not constitute a crime within 12 months after bail, it will not be sentenced. Bail pending trial refers to a compulsory measure that people's courts, people's procuratorates or public security organs order some criminal suspects and defendants to put forward guarantors or pay a deposit in order to ensure that criminal suspects and defendants do not evade or hinder investigation, prosecution and trial, and are available at any time.
? legal ground
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.
How long is it safe not to be sentenced after bail pending trial? 2. The time limit for obtaining a guarantor pending trial shall be determined by the judicial organ according to the circumstances of the case, and shall not exceed twelve months at the longest.
Those who are finally found to constitute a crime and should be investigated for criminal responsibility according to law shall be sentenced. Bail pending trial does not prove innocence, but a criminal compulsory measure for criminal suspects.
? legal ground
According to the provisions of Article 71 of the Criminal Procedure Law of People's Republic of China (PRC), 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.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.
If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.
How long is it safe not to be sentenced after bail pending trial? What do you mean by bail pending trial? What should I pay attention to during bail pending trial?
Bail pending trial means that in criminal proceedings, the people's courts, people's procuratorates or public security organs order some criminal suspects and defendants to put forward guarantors or pay a deposit, so as to ensure that the criminal suspects and defendants do not evade or obstruct the investigation, prosecution and trial and are available at any time.
Bail pending trial shall be executed by the public security organ. Bail pending trial only restricts, not deprives, the personal freedom of criminal suspects and defendants, which is a relatively light compulsory measure.
Article 56 of the Criminal Procedure Law stipulates that criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions during their release on bail pending trial:
(a) without the approval of the executive organ, shall not leave the city or county where they live. This is a restriction on the activity area of bail pending trial. If there is a justifiable reason to leave, it must be approved by the public security organ in charge of execution. Before approving the person released on bail to leave the city or county where he lives, the executing organ shall obtain the consent of the organ that decided to release him on bail.
(2) Being present in time when arraignment is made. The purpose of bail pending trial is to ensure the smooth progress of investigation, prosecution and trial. As criminal suspects and defendants, they must be on call.
(three) shall not interfere with the testimony of witnesses in any form. Criminal suspects and defendants who have been released on bail pending trial cannot use their freedom to interfere with witnesses' testimony, such as threatening, beating, retaliating against relevant witnesses or inducing witnesses to commit perjury.
(four) shall not forge or destroy evidence or collusion. That is, the person released on bail pending trial shall not take advantage of not being detained to form an offensive and defensive alliance with other co-defendants, unify their caliber, conceal, destroy or forge evidence materials related to the case.
If a criminal suspect or defendant who has been released on bail pending trial violates the above provisions and has paid the deposit in accordance with the provisions of the second paragraph of Article 56 of the Criminal Procedure Law, the deposit shall be confiscated, and according to different circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or be arrested.
? Professional analysis
According to the relevant provisions of China's criminal procedure law, bail pending trial means that in criminal proceedings, the three organs of public security law require the criminal suspect and defendant to provide a guarantor or pay a deposit.
A compulsory measure to ensure that criminals and defendants can't evade relevant criminal responsibilities or hinder relevant litigation activities such as investigation and prosecution, and can be used at any time. Criminal suspects and defendants who apply for bail pending trial must meet the statutory conditions.