Only close relatives or lawyers can apply for bail pending trial, and qualified friends can be guarantors.
1. The guarantor must have nothing to do with the case and no interest in the crime suspected by the criminal suspect or defendant. The guarantor cannot be an accomplice in the case, nor can he be a witness in the case. Otherwise, if he is also the subject of investigation by the judicial authorities, it is difficult to ensure that he will conscientiously perform his protection obligations.
2. The guarantor should have the ability to perform its guarantee obligations. Specifically, the guarantor must reach a certain age with civil capacity, have a certain influence on the guarantor, and be physically able to supervise the guarantor's behavior, etc. Whether the guarantor has the ability to perform the guarantee obligations needs to be comprehensively judged based on the specific circumstances of the case, and whether the guarantor has the ability to perform the guarantee obligations can never be determined solely by the guarantor's own statements.
3. The guarantor enjoys political rights and unrestricted personal freedom. Citizens who have been deprived of political rights cannot be released on bail pending trial.
4. The guarantor should have a fixed residence and income, have his own fixed residence where the guarantor lives, and have stable economic income.
The above four conditions must be met at the same time. Judicial organs shall examine the guarantor candidates proposed by criminal suspects and defendants. If the conditions are not met, the person shall be ordered to provide a new guarantor or provide a deposit.
Second, the guarantor does not assume liability.
The guarantor shall not bear guarantee liability under any of the following circumstances:
(1) The parties to the main contract collude to defraud the guarantor to provide guarantee;
(2) The creditor of the main contract uses fraud, coercion and other means to make the guarantor provide guarantee against his true intention;
(3) The debtor of the main contract uses fraud, coercion and other means to make the guarantor provide guarantee against his true intention. Guarantee is provided when the creditor knows or should know the facts of fraud or coercion.
If the debtor and the guarantor deceive the creditor and enter into a main contract and a guarantee contract, the creditor may request the People's Court to revoke them. If losses are caused to the creditor, the guarantor and the debtor shall bear joint liability for compensation.
Third, the role of the guarantor
The guarantor must first be a third party other than the creditor and the debtor in the main contract, because the guarantor is designed to perform the debt or when the debtor cannot perform When a debt is incurred, liability is assumed on behalf of the debtor. It only requires the guarantee of the guarantor and does not require specific property, rights or money to provide guarantee. Therefore, the guarantee method of the guarantor must be provided by a third party other than the debtor, otherwise the significance of the guarantee will be lost.
Can a lawyer be a guarantor? The content is as shown above. In summary, only close relatives or lawyers can apply for bail pending trial, and qualified friends can be guarantors. The guarantor must have nothing to do with the case and no interest in the crime the criminal suspect or defendant is suspected of committing. If you have other legal questions, please consult an attorney.