Why does the guarantor on bail keep a record at the police station? If you want to open a crimeless

As a guarantor for release on bail pending further investigation, he or she is obliged to keep a record at the police station, which does not affect the issuance of a certificate of innocence.

As long as the guarantor released on guarantee pending further investigation has the ability to perform the guarantee obligation, has nothing to do with the case, enjoys political rights, personal freedom, and has a fixed residence and income, he may serve as the guarantor of the release on bail pending further investigation, and there are no special provisions on who the guarantor is. That is to say, anyone who meets the above conditions can become a guarantor, generally by the suspect's guardian, close relatives or friends, and even the suspect's lawyer can also serve as a guarantor.

Responsibilities and obligations as a guarantor for release on bail pending trial:

1. Supervise the compliance of the guaranteed person with the provisions of the law. This includes supervising that the guarantor must not leave the city or county where he or she resides without the approval of the public security organ. If the guaranteed person needs to leave the city or county where he or she lives, he or she shall supervise and urge the guaranteed person to submit an application to the public security organ for approval; supervise the timely appearance of the guarantor at the time of the judicial authority's arraignment; The supervised guaranteed person shall not interfere with the testimony of witnesses in any form; supervise that the guarantor shall not collude, destroy, or fabricate evidence;

2. If it is discovered that the guarantor may have violated the law or has already violated the law, it shall report to the enforcement organ in a timely manner. For example, in the course of performing the guarantee obligation, if the guarantor discovers that the guaranteed person has escaped or has attempted to escape, or discovers that the guaranteed person has left the city or county where he resides without approval to go out on business, or that the guaranteed person may destroy or fabricate evidence, collude with confessions, etc., he shall report to the enforcing public security organ without delay and as soon as possible.

Article 70 of the Criminal Procedure Law of the People's Republic of China: Guarantors shall perform the following obligations:

1) Supervise the guaranteed person's compliance with the provisions of Article 71 of this Law;

2) Where it is discovered that the guaranteed person may have violated the provisions of Article 71 of this Law, it shall promptly report to the enforcement organ.

Where the guarantor violates the provisions of Article 71 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.

It is not surprising that the guarantor on bail pending further investigation has evidence in the possession of the possession, but the guarantor, not the criminal suspect, has no impact on himself, only that he has not been convicted by the court and has been the guarantor of the criminal suspect released on bail pending further investigation, which does not affect the issuance of a certificate of no criminal record.

Legal analysis: After being released on bail pending trial, a certificate of no criminal record can be issued, and after being criminally detained, a certificate of no criminal record can be issued if the crime is not convicted, otherwise it can't; The investigating organ orders the criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he will not evade or obstruct the investigation.

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

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

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.

The conditions required for a guarantor to be released on bail pending further investigation are: not involved in the case, capable of performing the guarantee obligation, enjoying political rights, having no restrictions on personal freedom, and having a fixed residence and income. Renyan fiercely obtained the guarantee that the person who was waiting for trial would not leave a criminal record, and only those who committed a criminal offense would have a criminal record.

[Legal basis].

Article 69 of the Criminal Procedure Law provides that a guarantor must meet the following conditions: (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. Article 118 of the "Supreme People's Court Interpretation on Application" provides that the people's court shall review whether the guarantor meets the statutory requirements.

If they meet the requirements, they shall be informed of the obligations they must perform, and they shall issue a letter of guarantee.

If the person involved in the case is finally found guilty, the guarantor will keep the case record.

Legal analysisRelease on guarantee pending further investigation refers to a criminal compulsory measure in which a judicial organ orders a criminal suspect to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he or she will not evade or obstruct the investigation, and to be summoned at any time. It is usually used for women who have serious illnesses, or who are pregnant or breastfeeding their own babies, and criminal suspects who have committed minor crimes that do not require detention or arrest, but require certain restrictions on their freedom of movement. Where the people's procuratorate decides to take measures to release a criminal suspect on guarantee pending further investigation, it shall hand it over to the public security organs for enforcement after announcing it to the criminal suspect.

Where a criminal suspect is given a guarantor, the people's procuratorate shall send the legal documents related to the destruction of sails and materials related to the cause of action, the criminal suspect's basic information, and the guarantor's basic information to the public security organ at the same level as the criminal suspect's place of residence; Where a criminal suspect is given a guarantee deposit, the people's procuratorate shall, after verifying that the guarantee deposit has been paid to the bank designated by the public security organs, send the relevant legal documents, materials related to the cause of the case, the criminal suspect's basic circumstances, and the receipt voucher issued by the bank to the public security organ at the same level as the criminal suspect's place of residence. After the public security organs receive the relevant legal documents and materials, they shall immediately hand them over to the county-level public security organs for the criminal suspect's place of residence for enforcement. The county-level public security organ responsible for enforcement shall verify the identity of the person released on guarantee pending further investigation and the guarantor, as well as relevant materials, within 24 hours, and after reporting to the responsible person for the county-level public security organ, notify the police substation for the criminal suspect's place of residence for enforcement.

[Legal basis].Criminal Procedure Law of the People's Republic of China》 Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a criminal suspect or defendant might be sentenced to controlled release, short-term detention, or an additional punishment may be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their babies in a sedan chair, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

After being released on guarantee pending further investigation, where the defendant is found not guilty through a people's court's judgment, a certificate of not guilty may be issued, otherwise it is not possible. A certificate of no criminal record is a certificate of no criminal record issued by the public security regiment in the place where the household registration is located.

[Legal basis].

Article 67 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a person might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (2) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

Legal Analysis: There will be no record if normal performance is performed.

Legal basis: Article 72 of the Criminal Procedure Law of the People's Republic of China; The organ making the decision on release on guarantee shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that might be given, and the economic status of the person released on guarantee, to determine the amount of the guarantee deposit.

The person who makes a fuss about the guarantee or the security deposit shall deposit the security deposit into a special account in a bank designated by the enforcement authority.

A case record will not be left on bail pending trial. Only after the guilty verdict will be left behind. A criminal record generally refers to a person's record of past offences or criminal acts.

In Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department and relevant state organs.

Legal basis] Article 67 of the Criminal Procedure Law, people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

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

2) A sentence of fixed-term imprisonment or higher might be given, and the adoption of release on guarantee pending further investigation will not cause danger to society;

(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

(4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs. God.

Release on bail pending further investigation only restricts the personal freedom of criminal suspects and defendants, and is a relatively light-intensity coercive measure. Whether this is chaotic or not will have a case record, and we have to wait for the conclusion of the case. It is also possible that you are not guilty, please consult a lawyer for the specific circumstances of the case.

There are two reasons why the criminal suspect is released on bail pending trial

The first is the expiration of the period for release on guarantee pending further investigation, and the second is that the judicial organs should modify the compulsory measures 1 and the period for release on guarantee pending further investigation has expired. When the period for release on guarantee pending further investigation expires, the public security organs, procuratorates, courts, or other judicial organs will notify the criminal suspect or defendant to go through the formalities related to the release of bail pending further investigation. At this time, it means that the judicial organs do not have sufficient evidence to prove that the criminal suspect is guilty, so they will not pursue the criminal responsibility of the criminal suspect until they collect new evidence and new clues.

However, the release on bail pending further investigation does not mean that it will be fine, and only after receiving a notice from the public security organ to withdraw (cancel the case) can it be regarded as truly fine. If, after release on guarantee pending further investigation, they still do not receive a notice of dismissal for a long period of time, they may make inquiries to the public security organs, make a complaint to the public security organ at the level above for reconsideration, or file a complaint with the people's procuratorate at the same level or the people's procuratorate at the level above for reconsideration, so as to protect their rights and interests as much as possible.

2. Change the compulsory measures. In practice, after release on bail is lifted, the judicial authorities will change compulsory measures, such as re-arrest and residential surveillance, due to various reasons such as the discovery of new evidence by the judicial organs, the violation of the provisions on bail pending further investigation by the suspect.

After being released on bail pending trial after being criminally detained, a certificate of no criminal record can be issued if the crime is not convicted, otherwise it can't;

1. Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive the current offender or major suspect of his personal liberty in the course of investigation in the course of investigation and in the course of a statutory emergency.

2. Release on bail pending further investigation is a criminal compulsory measure provided for in the Criminal Procedure Law of the People's Republic of China. refers to a compulsory measure in criminal proceedings whereby 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.

3. The certificate of no criminal record is a certificate of no criminal record issued by the public security organ at the place of household registration.

[Legal basis].

Article 67 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

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

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

(4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.