1. What is bail pending trial?
Bail pending trial, as the name implies, means that the suspect is conditionally waiting for trial outside. It refers to a compulsory measure that the investigation organ orders the criminal suspect to provide a guarantor or pay a deposit and issue a letter of guarantee to ensure that he does not evade or hinder the investigation and is available at any time. Similar to foreign bail.
Second, under what circumstances can I get a bail pending trial?
Criminal Procedure Law Article 67 Conditions and Implementation of Obtaining a Bail for Trial The people's courts, people's procuratorates and public security organs may obtain a bail for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional 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.
Three, the problems existing in the bail system:
Judging from the legislative intent of the above provisions, bail pending trial should be the norm and detention should be the exception. But now in China, detention is the norm and bail pending trial is the exception. The legal "possibility", "no social danger" and "major illness" basically depend on the subjective judgment of the personnel of the case-handling organ, and they have the final say. Therefore, there are many problems in the bail pending trial system.
1, for the convenience of handling cases, those who can be held can not be released.
In order to investigate and collect evidence, it is understandable to detain the suspect for a short time. But sometimes long-term detention is not for investigation and evidence collection, but for the convenience of case handlers. After the criminal suspect is detained, the case-handling organ may remand the case at any time. There is no phenomenon that people cannot be found, which will not affect their pace of handling cases. Some people suffer for their convenience. For example, Dr. Tsinghua was detained for 1.277 days, the former employee of Huawei was detained for 25 1 day, and Professor Shaoguan of Guangdong was acquitted after 972 days of detention. The state then provided huge compensation to comfort the parties.
2. Bail pending trial has become a "fig leaf" for case handlers.
Some case-handling organs arrested suspects under the condition of insufficient evidence and inaccurate characterization. In the investigation after detention, when it is found that the suspect does not constitute a crime or the evidence is insufficient, and the procuratorate does not approve the arrest, the case-handling organ will find some reasons to release the suspect on bail pending trial, so as to avoid investigating the responsibility of misjudged cases and prevent himself from being placed in a disadvantageous position of "wrong arrest" and "wrong detention". If the case can be handed over to the procuratorate later, the attempt to "sit down" will make the case go up in smoke. For example, 20 19, 1 1, Du Peng of Leshan, Sichuan, died of illness while waiting for correction because he was wrongly entered into the criminal record by the police. The actual suspect, Du Peng, was suspected of illegal business operation. He was released on bail for 7 years after 20 12, which was earlier than the legal bail period of 12 months.
3. Bail pending trial belongs to the "hardest hit" of intercession.
The handling of criminal cases has strict discipline and system constraints, and no one dares to try his job and political future. For example, after the rape of a young girl by the deputy director of Gan 'an County Public Security Bureau was discovered by the investigators of this bureau, didn't the deputy director just take money to cover up his ugliness? Therefore, people generally don't believe that there is perverting the law in criminal cases. The case-handling personnel dare not tamper with the facts, nature and evidence of the case, but they can "think" that the suspect has no social harm and take bail pending trial.
Four, the consequences of bail:
Will you be sentenced if you come out on bail pending trial? How to judge? Can I declare a suspended sentence? This may be what suspects who are released on bail and awaiting trial want to know most. As for what will happen after bail, you have to judge for yourself according to your own case.
1, being released on bail pending trial does not mean that you can get a light sentence! In recent years, the huge compensation cases caused by extended detention have attracted the attention of the judicial circles. In the future or not too distant future, bail pending trial will become the norm in criminal proceedings, just like the bail system in developed countries, long-term detention will be the exception. Therefore, there is no basis for whether you can get a bail pending trial to judge whether you can get a light sentence. As far as the current situation is concerned, the basic ones who can get bail pending trial are fixed-term imprisonment of less than three years, but probation is not allowed.
2. Being released on bail pending trial due to insufficient evidence. If the procuratorate refuses to approve the arrest due to insufficient evidence and is released on bail pending trial, the consequences of the bail pending trial are only clear to you. If it is a criminal act, the public security organ can supplement the evidence and the case can enter the procedure at any time. You are lucky, the public security organs have been looking for evidence that is insufficient. If you haven't done anything bad, then you have nothing to be afraid of. If the bail exceeds 12 months, the public security bureau is required to refund the deposit.
3. If "a woman who is seriously ill, unable to take care of herself, pregnant or nursing a baby" is released on bail pending trial, the case will continue, and the above situation still exists when the court pronounced the sentence, and execution outside prison will generally be applied.
Conclusion:
Based on the above situation, the consequences after bail need to be judged by yourself according to your own case. It is not accurate to think that bail will be fine.