When a guarantor is needed in a criminal case

In criminal cases, as long as the conditions for release on guarantee pending further investigation are met, they can apply, and the application for release on guarantee pending further investigation requires the provision of a guarantor's guarantee or the payment of a security deposit. The condition of the guarantor in the criminal proceedings is that he is not involved in the case; Ability to meet warranty obligations; enjoy political rights and personal freedom without restrictions; Have a regular place to live and an income.

Legal analysis

There are two kinds of guarantors in Chinese law, one is a civil guarantor and the other is a criminal guarantor, and as a criminal guarantor, the Criminal Procedure Law only stipulates the conditions, obligations and legal liabilities of the guarantor, but there has been no clear name and legal concept for the name, definition and legal status of the guarantor. Its name, legal definition and characteristics should be clarified in legal form, the similarities and differences between them and those of civil guarantors, and their legal status in criminal proceedings and their connection with participants in criminal proceedings should be established. The information of the guarantor in a criminal case is also subject to approval.

The conditions that the guarantor meets are natural persons with full capacity for civil conduct, aged between 18 (inclusive) and 65 years old (inclusive); 2. Have a legal and valid identity certificate, resident ID card, household registration book or other valid identity certificate and marital status certificate; Have a good credit history and willingness to repay; Have a stable income** and the ability to repay the principal and interest of the loan on time and in full. The condition that the spouse cannot be a guarantor of a loan is that the husband and wife cannot guarantee another person; A person with a household registration outside the place of loan cannot guarantee another person; Those who are unable to make up their own lives, have no income, and do not have the ability to repay the principal and interest for others cannot guarantee others; Retired personnel do not become guarantors; The review is not approved for other reasons.

Legal basis

Criminal Procedure Law of the People's Republic of China

Article 66: Based on the circumstances of the case, people's courts, people's procuratorates, and public security organs may issue custodial summonses, release on guarantee pending further investigation, or residential surveillance of criminal suspects or defendants.

Article 68: People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Article 69: Guarantors must meet the following requirements: (1) not be implicated in the case; (2) Have the ability to perform guarantee obligations; (3) They enjoy political rights and their personal freedom is not restricted; (4) Have a fixed residence and income.

When the defendant is released on bail pending trial, a guarantor (guarantor) or a security deposit is required.

Article 53 of China's "Criminal Procedure Law": People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Release on guarantee pending further investigation refers to a compulsory measure in criminal proceedings whereby the public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be summoned at all times, and that they will not be detained or temporarily released from detention.

If the public security organs find that the circumstances of the criminal suspect are minor and that the release on bail pending trial will not cause harm to society, they need a guarantor or a guarantee deposit.

When the defendant is released on bail, it is usually necessary to have a guarantor or collect a security deposit.

Legal analysis: The liability of the guarantor is to perform the debt when the debtor fails to perform the due debt or the situation agreed by the parties. The scope of the guarantee includes the principal claim and its interest, liquidated damages, damages and the cost of realizing the claim.

Where the parties agree otherwise, follow their agreement.

Legal basis: Civil Code of the People's Republic of China

Article 681:A guarantee contract is a contract whereby the guarantor and the creditor agree that the guarantor will perform the debt or assume responsibility when the debtor fails to perform the due debt or the circumstances agreed upon by the parties occur.

Article 691:The scope of guarantee includes the principal creditor's right and its interest, liquidated damages, damages and expenses for realizing the creditor's right. Where the parties agree otherwise, follow their agreement. Blind.

Legal analysis: The conditions that the guarantor needs to meet in the Criminal Procedure Law are that he is not involved in the case, has the ability to perform the guarantee obligation, enjoys political rights, has no restrictions on personal freedom, has a fixed residence and income, and if the guarantor fails to fulfill the guarantee obligation, the guarantor will be fined, and in the case that the guarantor constitutes a crime, it will even be investigated for criminal responsibility in accordance with the law, so of course the legal risk of the guarantor must be there.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 66: Based on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may custodial summons, transfer them to public security pending further investigation, or place them under residential surveillance.

Article 69: Guarantors must meet the following requirements: (1) not be implicated in the case; (2) Have the ability to perform guarantee obligations; (3) They enjoy political rights and their personal freedom is not restricted; (4) Have a fixed residence and income.

Legal Analysis: The conditions that a criminal guarantor needs to meet are:

1. The guarantor must not be involved in the case and have no interest in the crime of the criminal suspect or defendant or suspected of mobile games. The guarantor cannot be an accomplice in the case or a witness in the case. Otherwise, if he himself is also the subject of an investigation by the judicial organs, it will be difficult to ensure that he earnestly fulfills his obligation to guarantee.

2. The guarantor shall have the ability to perform the guarantee obligation. Specifically, the guarantor must reach a certain age and have the capacity for civil conduct, have a certain degree of influence over the guarantor, and have the ability to supervise the behavior of the guarantor, etc. Whether the guarantor has the ability to perform the guarantee obligation needs to be judged according to the specific circumstances of the case, and whether the guarantor has the ability to perform the guarantee obligation cannot be determined solely on the basis of his own statement.

3. The guarantor shall enjoy political rights and his personal freedom shall not be restricted. Citizens who are deprived of the right to govern cannot act as guarantors for release on bail pending further investigation.

4. The guarantor shall have a fixed residence and income, and have his or her own permanent residence in the place where the guarantor resides, and have a stable economic income.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67 The guarantor must meet the following conditions:

1) Not involved in the case, (2) Ability to fulfill the obligation of guarantee, (3) Enjoy political rights, and personal freedom is not restricted, and (4) Have a fixed residence and income.

Article 68 The guarantor shall perform the following obligations:

1) Supervise the guaranteed person's compliance with the provisions of Article 69 of this Law(2) Where it is discovered that the guaranteed person may have violated the provisions of Article 69 of this Law, it shall promptly report to the enforcement organ.

Where the guarantor violates the provisions of Article 69 of this Law, and the guarantor fails to perform the guarantee obligation, the guarantor shall be fined, and if a crime is constituted, criminal responsibility shall be pursued in accordance with law.

The conditions that the guarantor needs to meet in the Criminal Procedure Law are that he is not involved in the case, has the ability to perform the guarantee obligation, enjoys political rights, has no restrictions on personal freedom, and has a fixed residence and income.

1. Whether the company handling the bail pending trial can be the guarantor.

Release on bail cannot be guaranteed in the name of the company. The guarantor of release on bail pending further investigation must be a natural person, not an organization. And the guarantor released on bail pending further investigation must meet the following conditions:

1) Not involved in the case;

(2) Have the ability to perform guarantee obligations;

(3) They enjoy political rights and their personal freedom is not restricted;

(4) Have a fixed residence and income.

2. What the parole family needs to do.

Parole is legally called release on bail pending further investigation, and family members may provide a guarantor or pay a guarantee deposit for the criminal suspect or defendant. The guarantor selected must not be involved in the case, and has the ability to fulfill the guarantee obligation, enjoy political rights, have unrestricted personal freedom, and have a fixed residence and income. After the amount of the security deposit is determined, the security deposit shall be deposited into a special account of the bank designated by the enforcement authority.

If the guarantor fails to perform the guarantee obligation, the guarantor shall be fined, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

3. Can I still be released on bail after signing the arrest warrant?

If the arrest warrant is signed, he can still be released on bail.

An arrest warrant can be released on bail as long as one of the following conditions is met:

1. When the period of detention has expired and the case has not yet been completed, it is necessary to take bail pending further investigation;

2. Where a sentence of controlled release, short-term detention or an additional punishment might be applied independently;

3. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society.

Release on guarantee pending further investigation is a compulsory measure provided for in the relevant provisions, and refers to a compulsory measure in which the public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or need to change their compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be available at all times, and that they will not be detained or temporarily released from detention.

The guarantor must meet the following criteria:

1. Not implicated in this case;

2. Have the ability to fulfill the guarantee obligation;

3. Enjoy political rights and personal freedom is not restricted;

4. Have a fixed residence and income.

Article 66 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may, on the basis of the circumstances of the case, custodial summons, release on guarantee pending further investigation, or residential surveillance of criminal suspects or defendants. Article 69: Guarantors must meet the following requirements: (1) not be implicated in the case; (2) Have the ability to perform guarantee obligations; (3) They enjoy political rights and their personal freedom is not restricted; (4) Wang has a fixed residence and income.