Bail pending trial will not cause social danger, you can get bail pending trial, otherwise you will still go to jail.
Hualvwang
Article 265 of the Criminal Procedure Law stipulates that "a woman who is pregnant or breast-feeding her baby, a criminal suspect or defendant who is released on bail pending trial may be released on bail pending trial if there is no danger to society". We should pay attention to two points: first, "you can" get a bail pending trial, not "you should" get a bail pending trial; Second, there is a premise that the suspect will be released on bail pending trial during pregnancy, that is, "there will be no social danger." The problem now is that some pregnant women continue to commit crazy crimes after being released on bail and should not be released on bail.
From this point of view, pregnant women can go to jail, but some pregnant women still don't have to go to jail because of the imperfect implementation system in China and the difficulty in implementation!
Let me show you how difficult it is to give birth in China maternity prison.
In 2008, pregnant woman Wu Mou was sentenced to life imprisonment for intentional homicide and sent to Zhejiang Women's Prison to serve her sentence. According to the criminal procedure law at that time, Wu Mou was a felon and did not meet the conditions for execution outside prison. Because Wu Mou can't afford the production cost, his family and the family of the child's father (killed by Wu Mou) are also unwilling to pay the cost. To this end, the Zhejiang Provincial Political and Legal Committee, the Justice Department, the Prison Administration and other departments conducted special consultations, and finally agreed that the prenatal examination should be borne by the female prison, and the examination and medical expenses during pregnancy and childbirth should be borne by the prison and the Ruian Municipal Government.
After that, the obstetrician and gynecologist in the prison infirmary made a prenatal care plan for her and provided nutritious meals; After Wu Mou gave birth in the hospital, the prison specially spent 3,000 yuan to hire a nanny and arranged four groups of policewomen to take turns to accompany her 24 hours a day; A week after the child was born, under the coordination of Zhejiang Political and Legal Committee, the child was accepted by the local welfare home, and Wu Mou still returned to prison to serve his sentence.
However, since the welfare home can only accept orphans, it is necessary for Wu Mou to give up custody, while Wu Mou is determined not to. Finally, the civil affairs and public security departments made special efforts to transfer the children's hukou to the collective hukou of the welfare home, and the children's schooling and medical care were included in the state financial funds, thus solving the problem.
Therefore, based on the consideration of cost and risk, general prisons are reluctant to accept pregnant women!
Is it really impossible to solve the problem of pregnant women committing crimes and going to jail?
In many countries and regions, although there are some preferential treatments for pregnant women to serve their sentences, they cannot be exempted from jail. On the contrary, due to the necessary health care conditions during pregnancy and baby care facilities, it is common for female prisoners to give birth in prison in some countries: from April 2005 to July 2008, 283 babies were born in British women's prisons; According to a survey conducted by the US Bureau of Justice Statistics in 2008, about 3% to 4% of female criminals will give birth in prison; In Taiwan Province Province, China, pregnant female prisoners in prisons are arranged to do some light work. During childbirth, female prisoners will be arranged to give birth in public hospitals and allowed to take care of the baby in prison until the baby reaches the age of three. Women in prisons can also bring children under the age of three into prison for care.
There is no conflict between pregnant women being imprisoned for crimes and protecting women's rights and interests!
The existence of children can comfort the mother's family and is conducive to the reform of female prisoners; For many female criminals trapped in criminal gangs, babies born in prison will not be short of clothes and food, and their living environment will be more normal than the outside world. If China's prisons provide pregnant female prisoners with adequate pregnancy care and conservation conditions, although the impact of childbirth in prison on children is still controversial, the benefits of childbirth in prison are very obvious for many people who have embarked on the road of crime because of life embarrassment.