Bail pending trial is a temporary compulsory measure in criminal proceedings. Being able to get bail pending trial generally means that the circumstances of the case may meet the conditions of probation after comparison, but this does not mean that 100% probation will be granted.
The main consideration of probation is that the circumstances of the crime are minor, there is no social danger in applying probation, and anything can happen before the court decides. Before the trial, if the court thinks that it will be sentenced to actual punishment, it will cancel the bail pending trial and detention, so there is basically no possibility of probation.
Bail pending trial is a compulsory measure. Being released on bail pending trial does not mean that you will not be investigated for criminal responsibility, and you may still be sentenced to fixed-term imprisonment. However, bail pending trial is a good phenomenon. Generally, those who are released on bail pending trial are more likely to be sentenced to probation. The two conditions are similar, and they are both suitable for fixed-term imprisonment of less than three years. If there are positive compensation, understanding, or other favorable factors such as minors, you can fight for probation.
If the suspect is released on bail pending trial due to insufficient evidence, and the public security organ cannot supplement the investigation with sufficient evidence, the criminal responsibility of the suspect will no longer be investigated, and he will not go to jail. Of course, there will be no bad records such as criminal record. Even if the public security organs find sufficient evidence in the supplementary investigation and need to continue to investigate the criminal responsibility of criminal suspects, they can also seek the help of lawyers. If they reach an understanding through effective defense and active negotiation with the injured party, the suspect is likely to be sentenced to probation, and will not be sentenced to actual punishment under normal circumstances, and finally achieve the effect of not serving his sentence in prison.
Bail pending trial is a criminal compulsory measure stipulated in China's criminal procedure law. Criminal compulsory measures are not the final punishment, but a means to limit the personal freedom of the parties in order to ensure the smooth progress of criminal proceedings.
Cases after bail pending trial may have the following trends:
The public security organ cancels the case, the procuratorial organ does not prosecute, the court decides not guilty, and the court decides guilty (including actual punishment and suspended sentence).
1. The public security organ dismissed the case.
This situation is generally that the public security organs have not found the facts of the crime after investigation, and the evidence is insufficient, or the circumstances are obviously minor, which does not constitute a crime.
This situation is rare in practice.
2. The procuratorial organ will not prosecute.
Non-prosecution by procuratorate can be divided into statutory non-prosecution and discretionary non-prosecution:
Legal non-prosecution is mainly "the circumstances are obviously minor and harmless, and it is not considered a crime";
Discretionary not to prosecute is mainly because the circumstances of the crime are minor.
In March 2022, the Supreme People's Procuratorate announced that in 20021year, the national procuratorial organs decided not to prosecute 348,000 people, up 39.4% year-on-year, and the non-prosecution rate was 16.6%, up 2.9 percentage points year-on-year.
In recent years, under the guiding ideology of "don't arrest if you can, and don't prosecute if you can", the rate of non-prosecution has increased and you can actively fight for it.
The court ruled not guilty.
The court's acquittal mainly means that there is no criminal fact or it does not constitute a crime.
According to the data released by the Supreme People's Procuratorate, the acquittal rate of 202 1 was 0.03%, down 0.0 1 percentage point year-on-year, which was three ten thousandths.
It can be seen that it is very difficult to acquit in court.
4. The court found guilty (including actual punishment and suspended sentence).
In practice, it is a common situation that the court decides to be guilty after bail pending trial, and according to practical experience, the probability of probation after bail pending trial is still relatively large, so we should strive for it.
Legal basis:
Criminal law of the people's Republic of China
Article 72
The application of probation requires the following conditions:
Sentenced to criminal detention or fixed-term imprisonment of not more than three years; The criminal does show repentance, and the court believes that the temporary suspension of the sentenced punishment will not endanger society again; Criminals are not recidivists, nor are they the ringleaders of criminal groups.
Procedures for handling criminal cases by public security organs
Article 64
For recidivists, principal criminals of criminal groups, criminal suspects who injure themselves or injure themselves to avoid investigation, criminal suspects who endanger national security, criminal suspects who commit violent crimes and criminal suspects who commit other serious crimes, they shall not be released on bail pending trial.