1. Will assaulting a police officer be sentenced to bail pending trial?
Whether assaulting a police officer on bail will be sentenced depends on whether there is a criminal fact of assaulting a police officer. If the crime of assaulting a police officer after being released on bail is established, he may be sentenced to fixed-term imprisonment of not more than three years after being dealt with by the court. Bail pending trial is only a change of compulsory measures. If you violate relevant laws and regulations, you may be arrested. As for whether the final result requires 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 go to jail. 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.
Two. Procedure for obtaining bail pending trial
1, apply for bail pending trial.
Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be made in writing.
2. The decision to obtain 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. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit.
Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement.
In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial.
3. Execute 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. If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
Assaulting a police officer is a very serious and bad illegal act and should be investigated for legal responsibility. However, if it meets the conditions of bail pending trial, it is possible to get bail pending trial. After being released on bail pending trial, the parties may be temporarily free, and the judicial organs will continue to investigate and collect evidence, and review and prosecute. If the criminal facts are established, criminal responsibility should be investigated.