Probability that the procuratorate will not prosecute after bail pending trial

First of all, we should know that bail pending trial is a criminal compulsory measure, and there are other criminal detention, arrest, residential surveillance and so on. Comparatively speaking, bail pending trial does not limit the personal freedom of the parties, and is generally taken for the parties with low social danger. In China's judicial practice, criminal suspects who commit minor crimes are often released on bail pending trial. Generally, criminal suspects who may be sentenced to fixed-term imprisonment of not more than three years and may be subject to probation shall be released on bail pending trial. Therefore, if the suspect in a case is released on bail pending trial during the investigation stage and the prosecution stage, it means that his crime is relatively minor and he is likely to be suspended.

Second, the parties to the case who are released on bail are likely to declare probation, but they may not be able to avoid prosecution. Non-prosecution includes statutory non-prosecution, discretionary non-prosecution and relative non-prosecution. If it does not constitute a crime, it will definitely not be prosecuted, whether it is bail pending trial or arrest. Relative non-prosecution is a case of insufficient evidence, so no prosecution, whether released on bail or arrested. Discretion not to prosecute is a minor crime. At this point, the general parties are released on bail pending trial. If certain conditions are met, it is possible not to prosecute. Therefore, from this situation, it is more likely that a person who is released on bail pending trial will not prosecute, because if caught, it reflects the seriousness of the crime and may be sentenced to actual punishment, let alone not prosecute.

Third, in practice, there are very few cases of non-prosecution, and many criminal suspects who are not seriously released on bail are often suspended in the end. Not to prosecute after committing a crime also needs to meet certain conditions. If the circumstances of the crime are minor and you get understanding and positive compensation, you can not prosecute. Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:

(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;

(5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility.

Two. Conditions for obtaining a bail pending trial (1) Applying for obtaining a bail pending trial: According to the provisions of China's Criminal Procedure Law, the persons who have the right to apply for obtaining a bail pending trial include: criminal suspects, defendants and their legal representatives, close relatives and lawyers hired.

(2) Applicable conditions for obtaining a guarantor pending trial:

Article 67 of China's 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.