1. If you are released on bail and sentenced, you don't have to go back to prison. Usually, the term "imprisonment" means that the party concerned is taken into custody to serve his sentence after being sentenced. However, bail pending trial is only a criminal compulsory measure for criminal suspects or defendants, and whether it constitutes a crime in the end is up to the court to decide. If the client is finally sentenced by the court and taken into custody to serve his sentence, he will go to prison.
In addition, according to the law, because the parties are not actually detained, the time for bail pending trial cannot be reduced to imprisonment.
Bail pending trial is a compulsory measure stipulated in the criminal procedure law, and it is not a penalty in itself. Its purpose is to ensure the smooth progress of criminal proceedings. As for whether the parties are ultimately guilty, what crimes have been committed and what punishment has been imposed, it will be decided after the court hears it.
2. Criminal Procedure Law
Article 65 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.
Bail pending trial shall be executed by the public security organ.
3. Procedures for obtaining bail pending trial:
(1) An application for obtaining a guarantor pending trial. The detained criminal suspect, defendant and their legal representatives, close relatives and lawyers hired by the criminal suspect apply for bail pending trial.
(2) the decision to get a bail pending trial. The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree.
(3) Execution of bail pending trial. The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial.
(4) The applicant pays a deposit or proposes a guarantor.
(5) The maximum period of bail pending trial shall not exceed 12 months. During the period of bail pending trial, the investigation, prosecution and trial of the case shall not be interrupted.
(6) If bail pending trial is not approved, the applicant shall be informed in time.
To sum up, there is no need to go back to prison after being released on bail, because it means that the parties are taken into custody to serve their sentences after being sentenced, and the parties may be sentenced to actual punishment or suspended sentence after being released on bail. If this probation is suspended, you don't have to go to jail, you only need to implement community correction according to law, and the community correction agency is responsible for the implementation.