When applying for bail pending trial and pleading guilty or punishing at the procuratorate, you can decide whether to sign or not according to your own wishes. You can sign or not. If you don’t sign, if the procuratorate sues later, you will eventually have to wait for the court’s decision. If If the procuratorate does not prosecute, then it will not matter if the person pleads guilty or not. The main thing is to see whether a crime has been constituted and whether the evidence is sufficient.
1. Can the procuratorate not sign a bail sign to plead guilty and accept punishment? A plea of ??guilty and punishment is signed voluntarily, and it will have little impact on the final conviction and sentencing. It is generally the basis for a lighter punishment. If you think you are not guilty If it constitutes a crime, you can overturn the contents of the previous notice of confession and punishment, and you can insist on not signing it and wait for the court's decision. The sentencing mainly depends on the circumstances of the case of the party involved. If it is finally verified that there are criminal facts, then the sentence will definitely be imposed. As for the sentencing, it is also It depends on the facts of the case, but generally being able to get bail means that the case is not very serious, and the sentence may be less than three years and there may be a suspended sentence.
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2. If you plead guilty and accept punishment, you can be sentenced to probation. If the person pleads guilty and accepts punishment and meets the applicable conditions for probation, he may be sentenced to probation. Relevant laws stipulate that criminals who have been sentenced to criminal detention or fixed-term imprisonment of less than three years and meet the following conditions may be suspended. For those under the age of 18, pregnant women and those over the age of 75, they may be suspended. A suspended sentence should be issued: (1) The crime is relatively minor; (2) There is repentance; (3) There is no risk of re-offending; (4) The suspended sentence will not have a major adverse impact on the community where he lives. When a suspended sentence is announced, the criminal may be prohibited from engaging in specific activities, entering specific areas and places, and coming into contact with specific people during the probation period based on the circumstances of the crime. If a criminal who has been sentenced to probation is sentenced to an additional penalty, the additional penalty must still be executed.
3. Will I still be arrested after being released on bail pending trial? There is still the possibility of being imprisoned after being released on bail pending trial. Release on bail pending trial is a criminal coercive measure stipulated in the "Criminal Procedure Law of the People's Republic of China" . During the period of release on bail pending trial, you must abide by relevant legal provisions. If you do not comply with the legal provisions on release on bail pending trial, you may be detained or arrested. In addition, being released on bail pending trial does not interrupt the investigation, prosecution and trial of the case. Based on the facts, nature, circumstances and social harm of the crime, the people's court will make a judgment after hearing it in accordance with the law. If the person is sentenced to fixed-term imprisonment or criminal detention without a suspended sentence, he needs to be sent to prison. Serve sentence. When you are released on bail pending trial, you don’t have to sign a confession to admit punishment. If you think you are innocent, you can insist not to sign. This is based on the principle of voluntariness. The procuratorate cannot force the criminal suspect, so there is no problem if you don’t sign. Finally The verdict depends on the evidence and the circumstances of the crime.