After approving the arrest, the procuratorate may give a suspended sentence. Generally, such measures will be taken only after the conditions for arrest are met, but only after the people's court hears the case can it be determined whether the arrested person is guilty or not and whether it is necessary to sentence him. Arrest is one of the most severe criminal compulsory measures in China. Generally, only qualified criminal suspects and defendants can take such measures.
Second, can you get bail pending trial after arrest?
It is relatively more difficult to get bail pending trial after arrest, but it is not impossible. Even if the public security stage is unsuccessful, the prosecution department of the procuratorate can still actively strive for bail pending trial. If the performance is good and the consequences are not serious, even if the bail pending trial fails, you can try your best to win probation in court. Of course, within the scope permitted by law, the legal operation method still pays attention to certain skills.
Three. Conditions for obtaining bail pending trial:
1, may be sentenced to public surveillance, criminal detention or additional punishment. That is to say, if a criminal suspect or defendant has a minor crime and does not need to be arrested, but may evade investigation, prosecution and trial and hinder the smooth progress of the lawsuit, he should be released on bail pending trial.
2, may be sentenced to more than fixed-term imprisonment, bail pending trial will not cause social danger. That is, if the criminal suspect or defendant commits a serious crime, but there will be no social danger when he is released on bail pending trial, and there is no need to arrest him, he should be released on bail pending trial.
3, should be arrested, but suffering from serious illness, not suitable for detention, such as illness, life can not take care of themselves, can be released on bail pending trial.
4. Those who should be arrested according to law, but are pregnant or nursing their own babies. In this case, if it is found before the arrest, the arrest cannot be decided; If it is discovered after arrest, the compulsory measures should be changed and the way of obtaining bail pending trial should be changed.
5. The criminal suspect has been detained according to law, and after interrogation and examination, it is considered necessary to arrest but the evidence is insufficient. This refers to the situation that the detainee may be sentenced to more than fixed-term imprisonment, but there is not enough evidence to prove his criminal facts, and the corresponding evidence cannot be collected within the legal detention period, but it is necessary to continue to collect evidence.
6. The criminal suspect or defendant who has been arrested or detained cannot close the case within the statutory time limit of investigation, prosecution, first instance and second instance, and there is no social danger in adopting the method of obtaining bail pending trial.
In addition, according to Item 7 of Article 37 of the the Supreme People's Procuratorate Rules, a criminal suspect who holds a valid passport or other valid exit documents can leave the country to evade investigation, but he does not need to be arrested and can be released on bail pending trial.
According to the fifth and seventh items of Article 63 of the Regulations of the Ministry of Public Security, if the procuratorate refuses to approve the arrest and needs reconsideration and review, and if it is transferred to prosecution, the procuratorate decides not to prosecute, and the criminal suspect who needs reconsideration and review can also get bail pending trial.
To sum up, after the arrest, the procuratorate can plead guilty and entrust a lawyer, which is likely to win probation. The condition of probation is that you are sentenced to fixed-term imprisonment of not more than three years, and you can request probation. If the conditions meet, it is possible to suspend the sentence.