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Anonymous users2024-02-07The guarantor who is released on guarantee pending further investigation may revoke the guarantee. The relevant laws provide that if a guarantor is fined or confiscated for violating provisions after paying a guarantee deposit, or the guarantor is unwilling to fail to perform the guarantee obligation, the person released on guarantee shall be ordered to submit a new guarantor or pay the guarantee deposit, or make a decision to modify the compulsory measures (detention or arrest).
Legal analysis
According to the relevant laws and regulations, a guarantor released on guarantee pending further investigation may revoke the guarantee, and if he is unwilling to continue the guarantee or lose the guarantee conditions, he may submit an application to the relevant department and make a decision on the change within three days. A guarantor for release on bail is a guarantee provided to the public security organs for the criminal suspect released on bail to obtain temporary personal freedom, and the scope of the guarantee is the suspect's compliance with the law and the provisions of the public security organ during the period of the suspect's release on bail. After a criminal suspect is released on bail, the public security organs will not stop investigating his suspected criminal acts, the procuratorial organs will still prosecute him, and the adjudication organs will still try him criminally.
The guarantor will be liable for the suspect's violations or violations of the law while on bail, such as compensation, fines, detention, and even criminal liability. Some guarantors are reluctant to continue the guarantee, and the way to cancel the guarantee is to issue an application to the authority for release on guarantee pending further investigation, requesting that the guarantee be cancelled.
Legal basis
Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs
Article 230:Where the guarantor for a suspension of administrative detention is unwilling to continue the guarantee or loses the conditions for the guarantee during the period of suspension of administrative detention, the organ making the decision on the administrative detention shall order the person being punished to submit a new guarantor or pay a guarantee deposit. Where a guarantor is not submitted and a guarantee deposit is not paid, the organ that made the decision on administrative detention shall send the person to be punished to a detention facility for enforcement.
Article 106:Where a criminal suspect is given a guarantor's guarantee, if the guarantor's circumstances change during the period of release on guarantee, and he or she is unwilling to continue the guarantee or loses the conditions for the guarantee, the public security organs shall order the person released on guarantee to submit a new guarantor or pay a guarantee deposit, or make a decision to modify the compulsory measures. Where a people's court or people's procuratorate decides to release on guarantee pending further investigation, the police substation responsible for enforcement shall notify the organ that made the decision to release on guarantee pending further investigation within 3 days of discovering that the guarantor is unwilling to continue to guarantee or has lost the conditions for guarantee.
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Anonymous users2024-02-06According to Article 121 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China", if the guarantor is unwilling to continue to perform the guarantee obligation or loses the ability to perform the guarantee obligation during the period when the defendant is released on guarantee pending further investigation, the people's court shall, within three days of receiving the guarantor's application or the written notice from the public security organ, order the defendant to submit a new guarantor or pay a guarantee deposit, or modify the compulsory measures, and notify the public security organ.
The way to cancel the guarantee is to issue an application to the authority for release on guarantee pending further investigation, requesting that the guarantee be cancelled.
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Anonymous users2024-02-05Legal Analysis: The guarantor who is released on bail pending trial can cancel the guarantee. After release on guarantee pending further investigation is not prosecuted by the procuratorate, the public security organs shall lift the release on guarantee pending further investigation.
"Release on guarantee pending further investigation" refers to a compulsory measure in criminal proceedings whereby the public security organs, the people's procuratorates, the people's courts, and other judicial organs require the modification of compulsory measures against criminal suspects or defendants who have not been arrested or need to change compulsory measures after arrest, in order to prevent them from evading investigation, prosecution, and trial, order them to submit a guarantor or pay a guarantee deposit, and issue a letter of guarantee to ensure that they will be available with the summons, and that they will not be detained or temporarily released from their detention. Where after paying the guarantee deposit, they are fined or confiscated for violating provisions, and the guarantor is unwilling and unable to perform the guarantee obligation, the person released on guarantee shall be ordered to submit a new guarantor or pay the guarantee deposit, or make a decision to modify the compulsory measures (detention or arrest).
Legal basis: Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs
Article 92: Where a people's court or people's procuratorate decides to release on guarantee pending further investigation, the county-level public security organ responsible for enforcement shall, within 24 hours of receiving the legal documents and relevant materials, designate the police substation for the place of residence of the person released on guarantee to verify the circumstances and then enforce it.
Article 101:Where the person released on guarantee pending further investigation has not violated the relevant provisions of articles 89 or 90 of these Provisions, nor has he committed a new intentional crime, or has any of the circumstances provided for in article 186 of these Provisions, at the same time that the release on guarantee pending further investigation is lifted or the compulsory measures are modified, the public security organs shall draft a written decision to return the guarantee deposit and notify the bank to return the guarantee deposit in full. The person released on guarantee may collect the returned security deposit from the bank with the written decision to return the security deposit. Where the person released on guarantee entrusts another person to collect it, a power of attorney shall be issued.
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