First, do you need others to guarantee bail pending trial?
Bail pending trial does not necessarily require a guarantor. There are two ways to obtain bail pending trial: guarantor and deposit. You can choose one of them when applying for bail pending trial. 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.
Legal basis:
Article 68 of the Criminal Procedure Law of People's Republic of China (PRC)
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.
Second, what conditions should a guarantor have?
According to the provisions of the Criminal Procedure Law, bail pending trial must meet four conditions at the same time:
(a) the guarantor must have nothing to do with the case and have no interest in the crime suspected by the criminal suspect or defendant. The guarantor cannot be an accomplice or a witness in this case. Otherwise, if he is also the object of investigation by the judicial organs, it is difficult to guarantee that he will earnestly fulfill his safeguard obligations.
(2) The guarantor shall have the ability to perform the obligation of guarantee. Specifically, the guarantor must reach a certain age with civil capacity, have a certain influence on the guarantor, and his physical condition can supervise the guarantor's behavior. Whether the guarantor has the ability to perform the guarantee obligation needs to be comprehensively judged according to the specific circumstances of the case, and whether he has the ability to perform the guarantee obligation can never be determined by the guarantor's own statement.
(3) The guarantor enjoys political rights and personal freedom is not restricted. Citizens deprived of political rights cannot be released on bail pending trial.
(4) The guarantor should have a fixed residence and income, and a fixed residence and stable economic income at the guarantor's domicile.
According to the provisions of China's criminal procedure law, a guarantor who has been released on bail pending trial can be a guarantor as long as he has the ability to fulfill his guarantee obligations, is not involved in this case, enjoys political rights, has personal freedom, has a fixed residence and income, and does not specify 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.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
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.