First, what is the general sentence after obtaining a guarantor pending trial
1, bail pending trial is a compulsory measure during criminal proceedings, and bail pending trial will not be punished. Only when the people's court finds the defendant guilty and makes a penalty judgment will it be punished. When deciding the punishment for a criminal, it shall be imposed in accordance with the relevant provisions of this Law and according to the facts, nature and circumstances of the crime and the degree of harm to society.
2. Legal basis: Article 65 of the Criminal Procedure Law of People's Republic of China (PRC).
The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary 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.
Second, how long will it be safe to be released on bail and not sentenced?
It is relatively safe not to be sentenced after one year of bail, but you can't leave your place after bail. If you go out to work and change, you need to actively report to the public security. The guarantor shall earnestly perform the guarantee obligations stipulated by law, and if he fails to perform the guarantee obligations, he shall bear corresponding legal responsibilities according to law. If the guarantor fails to perform the guarantee obligation, it shall be dealt with separately. During the period of obtaining a guarantor pending trial, those who have paid the deposit in violation of the provisions on obtaining a guarantor pending trial shall be confiscated in part or in whole, and the criminal suspect and defendant shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor, or be placed under residential surveillance or arrested.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 67 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary 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.
Article 68 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.