After being put in prison, you can get a bail pending trial, and the conditions you need to meet are as follows:
1. Criminal suspects and defendants who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2. Criminal suspects and defendants who may be sentenced to more than fixed-term imprisonment and released on bail pending trial will not cause social danger;
3. For women who are seriously ill, unable to take care of themselves, pregnant or nursing babies, as criminal suspects and defendants, they will be released on bail and will not cause social danger;
4, the detention period expires, the case has not yet been settled, the need to be released on bail for criminal suspects and defendants.
Conditions for entering the prison:
Legal requirements for putting criminals in prison and executing the death penalty. According to the provisions of China's prison law, the conditions for admission to prison are:
1, you must be sentenced to death with a two-year suspension, life imprisonment and fixed-term imprisonment.
2. There are no legal circumstances that should be temporarily executed outside prison.
3. There must be a copy of the indictment of the people's procuratorate, the judgment of the people's court, the notice of execution, the criminal closing registration form and other legal documents. If the prison does not receive the above documents, it shall not be put into prison;
4. If the above-mentioned documents are incomplete or recorded incorrectly, which may lead to wrong imprisonment, they will not be imprisoned.
First, can the court get bail pending trial?
If you violate relevant laws and regulations, you may be arrested. As for whether the final result needs imprisonment, the court will make a judgment after hearing it. Bail pending trial does not mean that you can't be sentenced to actual punishment and don't need to be put in prison. However, bail pending trial has its applicable conditions, and only those with minor circumstances and little harm can get bail pending trial. Therefore, generally speaking, it is very likely that bail pending trial does not need to bear criminal responsibility or is sentenced to unrealistic penalties such as probation and single punishment.
Second, will you be sentenced after being released on bail?
First, bail pending trial is a compulsory measure, which has nothing to do with sentencing.
Second, if the court finds that there is no crime, it will certainly not be sentenced.
Third, under normal circumstances, those who are released on bail pending trial will be sentenced to probation.
So sentencing depends on your case. If the criminal facts are finally verified, then a sentence must be imposed. As for sentencing, it also depends on the case. However, generally getting a guarantor also means that the case is not very serious, and the sentence of less than three years may be suspended.
Third, who will carry out the execution of imprisonment?
The execution of imprisonment is generally carried out by public security organs, and may also be prisons or other enforcement organs. According to the provisions of Article 268 of the Criminal Procedure Law of People's Republic of China (PRC), a criminal who is temporarily executed outside prison shall be put into prison in time under any of the following circumstances:
(a) found that does not meet the conditions for temporary execution outside prison;
(two) a serious violation of the relevant provisions of the supervision and administration of temporary execution outside prison;
(3) After the temporary execution outside prison disappears, the criminal's sentence has not expired.
If the people's court decides to put a criminal who has been temporarily executed outside prison into prison, it shall make a decision and serve the relevant legal documents to the public security organs, prisons or other executing organs.
4. How long does it take to start the court session after admission?
The time limit for obtaining bail pending trial shall not exceed 12 months, and the court session shall be within the time limit for obtaining bail pending trial according to law. According to the progress of the case. Article 77 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months, and the maximum period of residential surveillance shall not exceed six months. During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 67 of the Criminal Procedure Law
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.
Article 2 of the prison law
Prison is the penalty execution organ of the state.
According to the provisions of the Criminal Law and the Criminal Procedure Law, criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall execute their sentences in prison.