1. Those who are released on bail pending trial do not belong to everyone.
According to Article 67 of the Criminal Procedure Law, criminal suspects and defendants may be released on bail pending trial under the following circumstances: (1) They may be sentenced to surveillance, criminal detention, or additional punishments may be applied independently; ( 2) Those who may be sentenced to fixed-term imprisonment or above, and being released on bail pending trial will not pose a social risk; (3) Women who are seriously ill, unable to take care of themselves, are pregnant, or breastfeeding their own babies, are released on bail pending trial, and will not pose a social risk ; (4) The custody period has expired and the case has not yet been concluded, and it is necessary to be released on bail pending trial. ....."In addition, combined with the standard of 'sufficient to prevent social danger' in the new regulations, it is obvious that not all criminal suspects in all cases may meet the conditions for release on bail pending trial. Family members will judge whether they can be released on bail pending trial. The effectiveness of lawyers' work is unrealistic and unscientific.
2. Being released on bail pending trial does not guarantee that everything will be fine.
According to Article 71 of the Criminal Procedure Law. It stipulates, “For those who violate the provisions on bail pending trial, when arrest is needed, the criminal suspect or defendant may be detained first. "So, family members or criminal suspects think that after being released on bail pending trial, the case is over and the criminal suspect is free again. This is wrong. The defender must correct this misunderstanding of the criminal suspect and his family members.
Bail pending trial is also a compulsory measure, but detention measures are not taken, but the subsequent investigation, prosecution, and trial of the case will be conducted in accordance with criminal procedure. Criminal suspects who are released on bail pending trial are not allowed to evade investigation, prosecution, and trial, and must provide a guarantor. Or pay a deposit and issue a letter of guarantee to ensure that they can come at any time. Therefore, the defense lawyer must emphasize the provisions of bail pending trial to the criminal suspect and his family. Although the judicial authorities will announce the relevant requirements to the criminal suspect when making the decision to bail pending trial. However, criminal suspects are more willing to listen to the opinions of their lawyers. If the defender fails to emphasize the provision of bail pending trial for the criminal suspect and his family, resulting in the criminal suspect being detained in violation of the bail pending trial regulations, it is a negligence on the part of the defender.
3. Being released on bail pending trial is not equivalent to a suspended sentence.
According to the provisions of Article 72 of my country’s Criminal Law, criminals who are sentenced to criminal detention or fixed-term imprisonment of less than three years shall meet the requirements of Article 72. The first to fourth items of this paragraph may be suspended, so it is not necessarily possible to receive a suspended sentence after the criminal suspect is released on bail pending trial. *The different arrival time of the criminals leads to new facts involved in the investigation, the differences in the identification and understanding of the legal facts and alleged crimes of the case by the public prosecutor and the law, and the balance and uniformity of sentencing in the entire case, which may all lead to crimes that were previously released on bail pending trial. The suspect is actually punished.
Explain to the criminal suspect and his family that being released on bail pending trial is not equivalent to probation. Only in this way can the family members recognize the defense work carried out by the defense lawyer and achieve good results in the case handling.