1. Risks and responsibilities of obtaining a guarantor pending trial include:
(1) The guarantor who is released on bail pending trial will be subject to certain personal freedom restrictions. When the guarantor violates the provisions of bail pending trial, he needs to bear the responsibility of timely reporting;
(2) Failure to perform the liability guarantee risks being fined;
(3) Those who collude with the guarantor to help escape will be investigated for criminal responsibility. If the guarantor is also a defendant in an incidental civil action, the guarantor shall also bear joint and several liability for compensation.
2. Legal basis: Article 68 of the Criminal Procedure Law of People's Republic of China (PRC).
When the people's court, people's procuratorate and public security organ decide to release the 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
Conditions of Guarantor 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.
2. What are the procedures for obtaining bail pending trial?
1, application. The subject of application is the detained criminal suspect, defendant and their legal representatives and close relatives; If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be made in writing. The materials to be prepared for applying for bail pending trial have the applicant's identity certificate; If the applicant is a lawyer, a power of attorney shall be issued; Apply for bail pending trial;
2. accept. The accepting organ in the investigation stage is the public security organ, and the accepting organ in the investigation stage of self-investigation cases by procuratorial organs is the procuratorate; The accepting organ in the stage of examination and prosecution is the procuratorate; The accepting organ at the trial stage is the people's court;
3. review. The organ that has the right to decide shall give a reply on whether to agree or not within 7 days after receiving the written application, and may be sentenced to more than fixed-term imprisonment, and the bail pending trial will not cause social danger;
4. implementation. Whether the decision-making organ is the public security organ, the procuratorate or the court, it must be implemented by the public security organ.