I. The procedures for obtaining a guarantor pending trial are as follows:
1. Application: detained criminal suspects, defendants, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be in written form;
2. The public security organ, the people's procuratorate and the people's court that decided to obtain a guarantor pending trial shall, within 7 days after receiving the application for obtaining a guarantor pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. Those who do not meet the conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to get a bail pending trial, he shall inform the applicant and explain the reasons for his disagreement;
3. implementation. The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
Two. The conditions for obtaining bail pending trial are as follows:
1. Women who are seriously ill, unable to take care of themselves, pregnant or nursing their babies will not be exposed to social danger if they are released on bail pending trial;
2, may be sentenced to more than fixed-term imprisonment, taking bail pending trial will not cause social danger;
3, may be sentenced to control, criminal detention or independent application of additional punishment;
4, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
To sum up, bail pending trial refers to a compulsory measure that the investigation organ orders the criminal suspect to provide a guarantor or pay a deposit and issue a letter of guarantee to ensure that he does not evade or hinder the investigation. Usually used for criminal suspects whose criminal circumstances are minor and need not be detained or arrested, but whose freedom of movement needs to be restricted to a certain extent.
Legal basis:
Article 71 of the Criminal Procedure Law of People's Republic of China (PRC)
Bailer's obligations and legal consequences of breach of obligations. Criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(2) Not meeting or communicating with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.
If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.