If you are criminally prosecuted for the crime of letter of guarantee and at the same time sued for compensation in civil proceedings, even if you are released on bail pending trial, you still need to face civil and criminal responsibilities. At this time, we should seek professional legal help, formulate appropriate defense strategies, and fulfill civil compensation obligations as soon as possible to reduce criminal responsibility.
First, seek professional legal help.
When being investigated for civil and criminal responsibilities, we should seek the help of professional criminal defense lawyers and civil litigation lawyers. Lawyers can help analyze the case, evaluate the possible legal consequences and formulate corresponding defense strategies.
Second, formulate appropriate defense strategies.
In criminal proceedings, lawyers can put forward strategies such as innocent defense and light defense according to the case. In civil litigation, lawyers can assist the defendant and the plaintiff to reach a compensation agreement through consultation, thus reducing the pressure of civil compensation.
Third, fulfill the civil compensation obligation as soon as possible.
In civil proceedings, if the defendant is judged to be liable for compensation, he shall fulfill his obligation of compensation as soon as possible. This can show the defendant's sincerity and cooperative attitude and help to reduce criminal responsibility.
Fourth, efforts should be made to reduce criminal responsibility.
In criminal proceedings, if the defendant can actively plead guilty, repent and compensate the victim for the losses, the court may consider a lighter or mitigated punishment. Therefore, the defendant should actively participate in criminal proceedings with the help of lawyers, and strive to reduce criminal responsibility.
To sum up:
When the defendant is released on bail pending trial for the crime of guarantee, he should seek professional legal help, formulate appropriate defense strategies, and fulfill his civil compensation obligations as soon as possible to reduce his criminal responsibility. This requires the joint efforts of the defendant and his lawyer to achieve the best legal effect.
Legal basis:
Article 310 of the Criminal Law of People's Republic of China (PRC) stipulates that the criminal investigation will not be hindered after the criminal suspect is released on bail pending trial. During the period of obtaining a guarantor pending trial, a criminal suspect shall abide by the provisions on obtaining a guarantor pending trial and shall not interfere with the investigation, prosecution and trial of a case. For criminal suspects who violate bail regulations, bail can be revoked and arrested.
Article 244 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the facts ascertained and the rights and obligations established in criminal proceedings can be directly used as evidence in relevant civil proceedings. However, facts unrelated to conviction and sentencing in criminal cases are excluded. Therefore, the relationship between the facts and rights and obligations of the state trust crime identified in criminal proceedings can be directly used in related civil proceedings.