Bail pending trial does not necessarily mean probation, but as long as bail pending trial measures are taken in judicial practice, the probability of probation after conviction is still relatively large. Unless the defendant does not plead guilty and repent, violates the law during the period of bail pending trial, commits a new crime, has a new criminal conviction, or the victim does not understand, it does not rule out that he will be sentenced to actual punishment.
It should be noted that bail pending trial does not mean that you will be fine and will not be sentenced.
This is the idea of many family members and parties, and these are completely misunderstandings.
After bail pending trial, the case will not be closed and will be transferred to the procuratorate for review and prosecution.
After the prosecution, it will be sent to the court for trial. After the trial, a judgment will be made in a short time. According to the judgment in the trial, the court will pronounce a sentence on the defendant who has been released on bail pending trial.
The time from bail pending trial to closing the case is uncertain. Bail pending trial does not mean closing the case. The longest time for bail pending trial is one year. If the conditions for arrest are met during the period of bail pending trial, the judicial department can re-arrest at any time and place, and there is no accurate answer from the arrest to the closing of the case.
1. What is the possibility of being sentenced after being released on bail?
The possibility of being sentenced after being released on bail depends on whether there are actual illegal facts. Bail pending trial is only a temporary criminal compulsory measure, which does not mean the final result of the case.
The Criminal Procedure Law of People's Republic of China (PRC) stipulates that China's criminal procedure system has gone through three stages: investigation, examination, prosecution and trial, and any case-handling organ in these three stages has the right to obtain bail pending trial.
As a temporary criminal compulsory measure, bail pending trial not only protects some personal rights of criminal suspects, but also ensures the smooth progress of criminal proceedings. The public security organ's bail pending trial does not mean that the case is dismissed, no public prosecution is initiated, and it may even be arrested at a later stage. Therefore, criminal suspects who have been released on bail pending trial should not take any chances, and still need to continue to cooperate with the lawsuit or seek the help of defense lawyers. Finally, I waited for the final legal procedure.
Two, "the people's Procuratorate criminal procedure bail rules".
Article 99 If a people's procuratorate finds that a criminal suspect has paid the deposit in violation of Article 69 of the Criminal Procedure Law of People's Republic of China (PRC), it shall notify the public security organ in writing to confiscate part or all of the deposit, and order the criminal suspect to make a statement of repentance, pay the deposit again, put forward a guarantor or decide to monitor residence or arrest according to the specific circumstances of the case.
If the public security organ finds that the criminal suspect has violated the provisions of Article 69 of the Criminal Procedure Law and put forward opinions on confiscation of the deposit or change of compulsory measures, the people's procuratorate shall make a decision within five days after receiving the opinions and notify the public security organ.
The procedures for refunding the deposit shall be governed by the provisions of Articles 90 and 91 of these Rules; The procedures for recommending guarantors shall be governed by Articles 88 and 89 of these Rules. If the criminal suspect continues to be released on bail pending trial, the time of release on bail pending trial shall be calculated cumulatively.
If a criminal suspect decides to live under surveillance, he shall go through the formalities of living under surveillance, recalculate the period of living under surveillance and inform the criminal suspect.
There is the possibility of being sentenced on bail pending trial. Although bail can temporarily lift the restrictions and be free, bail is only a judicial compulsory measure, so the judicial organs should also investigate and collect evidence after bail. If illegal facts are found, legal responsibilities need to be investigated. The specific situation depends on the actual situation.
Legal basis:
Article 72 of the Criminal Law of People's Republic of China (PRC) may declare a suspended sentence for a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years, if the application of suspended sentence does not really harm the society according to the circumstances of the crime and the performance of repentance. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.