AI summarySpecial Declaration: This article is an original work by Attorney Shao Shiwei. It represents only the personal views of the author and does not constitute legal consultation or legal advice on specific matters. For article reprints, legal consultations, or professional exchanges, please add: sswls66. Professional answers from Attorney Shao Shiwei.
Special Declaration: This article is an original work by Attorney Shao Shiwei. It represents only the personal views of the author and does not constitute legal consultation or legal advice on specific matters. For article reprints, legal consultations, or professional exchanges, please add: sswls66.
Professional answers from Attorney Shao Shiwei
1. The public security organ releases the suspect from bail pending trial and dismisses the case, thereby concluding the matter.
2. The public security organ transfers the case to the procuratorate, where the procuratorate handles release on bail pending trial during the stage of examination for prosecution. After reviewing the case, the procuratorate makes a decision not to prosecute, thereby concluding the matter; alternatively, after reviewing the case, the procuratorate returns the case file to the public security organ, which then dismisses the case, likewise concluding the matter.
3. After the procuratorate handles release on bail pending trial during the stage of examination for prosecution, it transfers the case to the court. The court continues to grant the defendant release on bail pending trial. Upon trial, the court renders a verdict of not guilty, thereby concluding the matter;
4. The court continues to grant the defendant release on bail pending trial. Upon trial, the court renders a guilty verdict imposing a non-custodial sentence (e.g., sentencing to public surveillance or declaring a suspended sentence). After the judgment becomes effective, the defendant will not be incarcerated (community correction shall be implemented in accordance with the law).
5. The court continues to grant the defendant release on bail pending trial. Upon trial, the court renders a guilty verdict and imposes a custodial sentence (in practice, the author has encountered cases where the defendant remained on bail pending trial until the judgment, but was ultimately sentenced to fixed-term imprisonment of more than ten years).
Clients often ask their lawyers to determine which outcome is most likely after being informed of the possible directions for a case involving release on bail pending trial. However, such determination must be based on the evidence on record and requires a case-by-case analysis according to the specific circumstances.
Furthermore, the attitude of judicial authorities toward a case is a dynamic process rather than static. The nature of this dynamic process highlights the role of the lawyer (shifting from guilty to not guilty, from heavier to lighter charges, or from custodial sentences to suspended sentences).
Precautions during the period of release on bail pending trial:
Be available upon summons; report to authorities before leaving the city or county. Violations may result in detention. Please take note.
