1. If you still meet the conditions of bail pending trial, you will generally not be admitted to prison. Letting him go before the trial, arraignment during bail pending trial, exchange of evidence, pre-trial mediation, etc. are all normal procedures.
2. If before the hearing, the court may think that it is not appropriate to impose a suspended sentence, it shall impose an actual sentence and put it in prison for the execution of the penalty.
Criminal Procedure Law Article 71 A criminal suspect or defendant who has 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.
Extended data:
Case:
Officials in Qinyang, Henan Province, who were released on bail pending trial due to illness, were jailed again.
Jiaozuo, Sino-Singapore. Xinhuanet, Fuyang, July 14 (Reporter Wu Yang) The reporter learned from the Public Security Bureau of Qinyang City, Henan Province that Wang, the public security chief of the organ affairs administration bureau of Qinyang City, Henan Province, was released on bail due to illness after "killing the discipline inspection secretary of the Public Security Bureau".
2011At about 2 1 20 in February, 2003 (the second day of the first lunar month), Wang was delirious when driving on the frozen section of HGX444 (Honda), and took improper measures in case of situation, so he drove to the left and drove in the opposite direction to HQ33 1.
Wang escaped after the accident. Among them, Wang is the chief of the Security Section of Qinyang Municipal Organs Administration Bureau and the former discipline inspection secretary of Qinyang Municipal Public Security Bureau.
According to reports, more than two months after the incident, that is, on May 2, 20 13, the Qinyang Municipal Public Security Bureau criminally detained Wang. But not long after, Qinyang City Public Security Bureau released Wang on bail pending trial on the grounds that "Wang is currently suffering from cerebellar omental cyst disease, which may endanger his life safety and is not suitable for detention for the time being".
Wang's bail was once questioned by the family, lawyers and prosecutors of the deceased.
Lu Aiping, the wife of the deceased, pointed out in the Application for Re-appraisal written to the Qinyang Public Security Bureau that the medical appraisal provided by the Qinyang Public Security Bureau to the family of the deceased was that "the identified Wang is currently suffering from cerebellar arachnoid cyst, and his cerebellar omental cyst is likely to be life-threatening. It is recommended that he undergo regular clinical treatment and regularly review the changes in the volume of cysts to prevent accidents. "
After comparing the relevant provisions in the Scope of Illness and Disability of Criminals released on medical parole jointly issued by the Ministry of Justice, the Supreme People's Procuratorate and the Ministry of Public Security, the family members think that "cerebellar arachnoid cyst" is not a disease that affects detention.
Lv Aiping emphasized that Wang is a 28-year-old soldier who just retired from the Armed Police. It is impossible for him to pass the strict physical examination of public officials and suffer from a serious illness that he can't take care of himself. Wang Dui's appraisal conclusion "absolute" is artificially manipulated.
Zhang Nanjing, the procurator of Jiaozuo City Procuratorate, who is in charge of investigating the case, also believes that there are indeed many abnormal situations in Wang's bail pending trial.
Zhang Nanjing told reporters that in the case file provided by the Public Security Bureau of Qinyang City about Wang's bail pending trial, the reason for Wang's bail pending trial was only the words "according to the arrangement of the bureau leaders", and it was not said which leader arranged it.
There is no application for bail pending trial filed by Wang himself, his family or his lawyer in the file; The file says, "We found him (Wang) with symptoms of headache, nausea and vomiting", but it doesn't say who found him or who saw him. There is no information about the diagnosis and treatment of Wang by prison doctors in the archives. "This situation is extremely abnormal, and the possibility of fraud in Wang's medical appraisal is not ruled out!"
On February 1 1, when the Qinyang People's Court tried Wang's traffic accident case in the first instance, the family of the deceased proposed to re-identify Wang's condition.
On July 8, when the Qinyang Municipal People's Court held a second hearing on the case of Wang's traffic accident, the family members of the deceased once again pointed out that "Wang was released on bail pending trial, and there was a possibility of illness fraud" and demanded that Wang be examined on the spot.
In fact, as early as mid-March, Qinyang City Procuratorate and Qinyang City Court had decided to re-identify Wang's "illness". But there was no identification result for the next three months.
13 night, Ren, the deputy director in charge of criminal investigation of Qinyang City Public Security Bureau, confirmed to reporters by telephone that Wang was taken back to prison by the police shortly after the second court session (July 8) and is currently being held in Qinyang City Detention Center. However, Deputy Director Ren refused to talk about the reasons for detaining Wang.
References:
The Supreme People's Procuratorate-Criminal Procedure Law
References:
People's Daily Online-The official who was released on bail pending trial due to illness in Qinyang, Henan Province was jailed again.