I. Relevant provisions on obtaining a guarantor pending trial:
Applicant subject
1, detained criminal suspects, defendants, their legal representatives and close relatives have the right to apply for bail pending trial.
2. If a criminal suspect is arrested, his lawyer may apply for bail pending trial.
3. The application for bail pending trial shall be made in written form.
Two. Materials to be prepared for applying for bail pending trial
1, the identity certificate of the applicant.
2. If the applicant is a lawyer, a power of attorney shall be issued.
3. Apply for bail pending trial.
Matters needing attention in written application for bail pending trial
1. The nature of this case is not serious.
2. If it is an occasional offender, it should be indicated.
3. Criminal suspects or defendants usually behave well.
4. If it is a negligent crime, it should be indicated.
5. The age at the time of committing the crime, if it is a minor, should be specially indicated.
Third, can mutual beatings and public security detention be released on bail pending trial?
1. Public security detention cannot be released on bail.
2. Public security detention is administrative detention; Bail pending trial is called "bail pending trial" in China.
3. "Bail pending trial" is a criminal compulsory measure stipulated in the Criminal Procedure Law of People's Republic of China (PRC). Refers to the public security organs, people's procuratorates, people's courts and other judicial organs in order to prevent criminal suspects and defendants from escaping investigation, prosecution and trial, and order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward a guarantor or pay a deposit, and issue a guarantee to ensure that they are available at any time, and will not be detained or temporarily released.
4. The detention of the Executive Board is applicable, not the Criminal Procedure Law of People's Republic of China (PRC), so "bail pending trial" is not applicable.
Legal basis:
Criminal Procedure Law of the People's Republic of China
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.
Article 69 A guarantor must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.
Article 70 A guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 71 of this Law.
(2) It is found that the warrantee may or has violated this Law.
Article 71 A criminal suspect or defendant who has 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.