A guarantor who is released on bail pending trial can be a guarantor as long as he has the ability to fulfill his guarantee obligations, has nothing to do with the case, enjoys political rights, has personal freedom, has a fixed residence and income, and has no special provisions on who the guarantor is. In other words, anyone who meets the above conditions can become a guarantor, usually a guardian, close relative or friend of the suspect, or even a lawyer who files a case for the suspect.
Responsibilities and obligations of the guarantor on bail pending trial:
1. Supervise the guarantor's compliance with legal provisions. Including supervising the guarantor not to leave the city or county where he lives without the approval of the public security organ. If the guarantor needs to leave the city or county where he lives, he shall urge the guarantor to apply to the executive public security organ for approval; Supervise the guarantor to appear in court in time when summoned by the judicial organ; Supervise the warrantee not to interfere with the witness's testimony in any form; Supervise the warrantee not to collude, destroy or forge evidence;
2. If it is found that the warrantee may have or has committed illegal acts, it shall report to the executing organ in time. For example, in the process of fulfilling the guarantee obligation, the guarantor finds that the guarantor has escaped or attempted to escape, or that the guarantor has left the city or county where he lives for business without approval, and that the guarantor may destroy, forge evidence, collude with others, etc., and should report to the executing public security organ as soon as possible without delay.
Article 70 A guarantor shall perform the following obligations as stipulated in the Criminal Procedure Law of People's Republic of China (PRC):
(1) To supervise the warrantee to abide by the provisions of Article 71 of this Law.
(2) If it is discovered that the warrantee may or has violated the provisions of Article 71 of this Law, it shall promptly report to the executing organ.
If the warrantee violates the provisions of Article 71 of this Law and the guarantor fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.