Will you be sentenced if you are arrested?

1、 Whether being arrested will definitely be sentenced

The criminals who are arrested in our country may not be sentenced, and the relevant trial cases should be handled according to the actual situation and the actual circumstances of such cases. Can be hired lawyer The protection of their actual rights and interests can also exempt such criminals from criminal punishment if it is in line with the provisions of China's laws.

arrest The sentence may not be imposed later. Generally, only when satisfied Conditions of arrest This measure will be taken later, but only after the trial of the people's court can it be determined whether the person being arrested is guilty and needs to be sentenced. Arrest belongs to our country Criminal coercive measures It is the most serious one among them. Generally, only the suspects and defendants who meet the requirements can take such measures.

Not necessarily. It can only be determined after the trial of the people's court whether the person who has been arrested is guilty or needs to be sentenced. Arrest is one of the most serious criminal coercive measures in China, and generally only those suspects and defendants who meet the requirements can take such measures. Conditions of arrest Yes:

1. Yes evidence Prove the facts of the crime. According to the relevant provisions, evidence proving the existence of criminal facts means that the following circumstances exist simultaneously:

(1) There is evidence to prove that a crime has occurred. The criminal fact can be either the fact of a single criminal act or the fact of any one of several criminal acts. To commit multiple criminal acts or Complicity Case Suspect , one of the following circumstances can be met: there is evidence to prove that he has committed one of several crimes; There is evidence to prove that one of the multiple crimes was committed; There is evidence to prove the criminal act in the joint crime.

(2) There is evidence to prove that the crime was committed by the criminal suspect.

(3) The evidence proving that the criminal suspect has committed a criminal act has been verified. Arrest is different from conviction. The standard of arrest is lower than that of conviction. It does not require that all evidence proving the criminal suspect's criminal behavior has been verified, but only that there is evidence that has been verified.

2. May be sentenced to more than imprisonment punishment 。 This is about the severity of the crime. Based on the criminal facts proved by the existing evidence criminal law According to the relevant provisions of fixed-term imprisonment The above sentence, rather than the possible sentence control 、 criminal detention The conditions for arrest shall be met only when a light punishment such as supplementary punishment is applied independently or may be exempted from punishment.

3. Take Obtaining a guarantor pending trial 、 supervision of residence Such methods are not enough to prevent the occurrence of social danger, but are necessary for arrest.

2、 Procedures after the arrest is approved by the procuratorate

After the procuratorate approves the arrest, the public security organ continues criminal investigation 。

1. After the arrest of the criminal suspect Investigation detention period Not more than two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the People's Procuratorate at the next higher level.

2. When a public security organ has concluded its investigation of a case, it shall ensure that the facts of the crime are clear, the evidence is reliable and sufficient, and it shall write a written opinion on prosecution, which shall be transferred to the People's Procuratorate at the same level for examination and decision, together with the case file and evidence.

3. The People's Procuratorate shall make a decision within one month on a case transferred by a public security organ for prosecution, and may extend a period of half a month for major and complex cases.

4. When examining a case, the People's Procuratorate may return it to the public security organ for supplementary investigation or conduct investigation on its own if supplementary investigation is necessary. The supplementary investigation of a case shall be completed within one month. Supplementary investigation is limited to twice. After the supplementary investigation is completed and transferred to the People's Procuratorate, the People's Procuratorate recalculates the time limit for examination and prosecution.

5. If the People's Procuratorate considers that the facts of the crime of the criminal suspect have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and try according to the have jurisdiction over To the people's court public prosecution 。

6. In the trial of a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting the case, but not more than one and a half months at the latest.

In the handling of criminal cases in our country, after the perpetrator has committed a crime, it is necessary to go through the public security organs of our country Case filing and investigation Only then can we enter the stage of examination and prosecution of the People's Procuratorate of our country. At this stage, the People's Procuratorate of our country will absolutely decide whether to bring a crime against the perpetrator litigation Of.