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It's temporary bail! If you go to the detention center, it's a criminal case, which is more serious, but the bail guarantee has nothing to do with the risk you take!
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Even if you have not been detained, being a guarantor is risky.
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There is no risk, as long as you keep in touch with the guarantor.
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Guarantors released on guarantee pending further investigation in criminal cases shall perform the following obligations: (1) supervise the criminal suspect or defendant's compliance with the provisions of article 56 of the Criminal Procedure Law; (2) If it is found that the guarantor may have violated or has violated the above provisions, it shall promptly report the case to the enforcement authority.
Liability: If the guarantor fails to fulfill its obligations, the judicial authorities may impose a fine on him or her and pursue his financial responsibility.
The guarantor may be held criminally liable.
Where a criminal suspect or defendant has not violated article 56 of the Criminal Procedure Law during the period of release on guarantee pending further investigation, after the period of release on guarantee is completed, the public security organ responsible for enforcement shall return the guarantee deposit to the criminal suspect or defendant and inform the guarantor to release the guarantee obligation.
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As long as he doesn't do it again, even that doesn't matter very much.
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Legal Analysis: If the conditions for detention are met, the court can detain the guarantor. Generally, there are conditions for the guarantor to bear the guarantee liability.
Legal basis: Article 687 of the Civil Code of the People's Republic of China: Where the parties agree in the guarantee contract that when the debtor fails to perform its obligations, the guarantor shall bear the guarantee liability, it is a general guarantee. The guarantor of a general guarantee has the right to refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform the debt in accordance with the law, except in any of the following circumstances:
1) The debtor's whereabouts are unknown, and there is no property available for enforcement; (2) the people's court has accepted the debtor's bankruptcy case; (3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or loses the ability to perform debts; (4) The guarantor waives the rights provided for in this paragraph in writing.
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The guarantor is subject to the circumstances of the detention process.
If there is a judgment that has already taken effect, you are required to be liable for repayment. In this case, if the other party applies for compulsory enforcement, and you have the ability to repay within the time limit specified by the court but refuses, the court may impose a fine or detention as appropriate. where a crime is constituted, criminal responsibility is pursued in accordance with law.
If you do not have such a valid judgment, you are currently only acting as a guarantor, and the court may not detain you.
Generally, the guarantee must wait for the judgment to be handed down and the guarantor cannot repay it before the guarantor can bear the guarantee liability, that is, repay the money. Joint and several guarantees can be directly executed to guarantee the imitator. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement on the basis of the severity of the circumstances.
Those who refuse to perform on a judgment or ruling of a people's court that has already taken legal effect may be given judicial detention; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Civil Procedure Law of the People's Republic of China
Article 231:Where during enforcement, the person subject to enforcement provides a guarantee to the people's court, and with the consent of the person applying for enforcement, the people's court may decide on a suspension of enforcement and the period for which enforcement is to be suspended. If the person subject to enforcement still fails to perform within the time limit, the people's court has the right to enforce the secured property of the person subject to enforcement, Li You, or the property of the guarantor. Article 111:Where litigation participants or other persons have any of the following practices, the people's courts may give fines or arrests based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Fabricating or destroying important evidence, obstructing the people's courts' trial of cases;
2) Using violence, coercion, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to testify falsely;
3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;
4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, adjudicators, inquest personnel, or persons assisting in enforcement;
5) Using violence, coercion, or other methods to obstruct judicial personnel from performing their duties; Prepared for disruption.
6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. People's courts may fine or arrest units that have any of the methods specified in the preceding paragraph, and may impose fines or arrests on their principal responsible persons or directly responsible personnel; where a crime is constituted, criminal responsibility is pursued in accordance with law
Law of the People's Republic of China on Public Security Administration Punishments
Article 109: Guarantors shall ensure that the guarantor does not evade enforcement of administrative detention punishments. Where the guarantor fails to perform the guarantee obligation, causing the guarantor to evade the enforcement of the punishment of administrative detention, the public security organ shall impose a fine of up to 3,000 RMB.
Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs
Article 228:Where upon review the public security organs find that the guarantor for the suspension of administrative detention meets the requirements, the guarantor is to issue a letter of guarantee and go to the public security organ to collect the guarantor.
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Legal analysis: In China, this is called "bail pending trial", nor can it be called a "guarantor", but should be a "guarantor".
Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China: The guarantor must meet the following conditions:
1) Not involved in the case;
2) Ability to perform guarantee obligations;
3) Enjoy political rights and have not had their personal liberty restricted;
4) Have a fixed place of residence and income.
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Legal Draft Shouting Oak Analysis:
In the countries bordering our key, this is called "release on bail pending trial", and it cannot be called a "guarantor", but a "guarantor".
Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China stipulates that the guarantor must meet the following conditions:
1) Not involved in the case;
2) Ability to perform guarantee obligations;
3) Enjoy political rights and have not had their personal liberty restricted;
4) Have a fixed place of residence and income.
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The process for a person who has been detained in a fight to guarantee is as follows:
1. Criminal suspects or defendants in custody, as well as their legally-designated persons and close relatives, have the right to submit an application for release on guarantee pending further investigation. Where a criminal suspect is arrested, the lawyer hired by him may apply for release on guarantee pending further investigation;
2. After receiving an application for release on guarantee pending further investigation, the public security organs, people's procuratorates, and people's courts shall give a reply within 7 days of whether they agree or not;
3. When enforcing the law, the public security organs shall read out the "Decision on Release on Guarantee Pending Trial" to the criminal suspect or defendant, and have them sign or affix a seal, informing them of the provisions that they should abide by during the period of release on guarantee.
What is the process of criminal detention:
1. Where the public security organ needs to detain a criminal suspect in accordance with law, the unit undertaking the detention is to fill out a "Report on Petition for Detention", which is to be approved by the responsible person of the public security organ at or above the county level, and a "Detention Certificate" is issued, and then the unit that submitted the request for approval of detention is responsible for enforcement;
2. When enforcing detention, the public security organ must present the detention warrant and order the detainee to sign and fingerprint the detention warrant. If the detainee resists detention, the enforcement officer has the right to use coercive methods, including the use of restraints in the kiwan. After detention, the organ that made the decision on detention shall, within 24 hours, notify the detainee's family or his work unit of the reason for detention and the place of detention, except in circumstances where the investigation is obstructed or notification is not possible.
[Legal basis].Article 97 of the Criminal Procedure Law of the People's Republic of China.
Applicants for modification of compulsory measures] Criminal suspects or defendants and their legally-designated persons, close relatives or defenders have the right to apply for modification of compulsory measures. After the people's courts, people's procuratorates, and public security organs receive an application, they shall make a decision within 3 days; Where they do not agree to modify the compulsory measures, they shall inform the applicant of their discretion and explain the reasons for not agreeing.
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Legal Analysis: If a criminal suspect released on bail violates the provisions of release on bail pending further investigation, the compulsory measures will be changed, which means that he may be re-imprisoned.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 6 and 15: 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) 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 are released on guarantee pending further investigation so that they are not dangerous 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.
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The guarantor's liability is to perform the debt when the debtor fails to perform the due debt or when the circumstances agreed by the parties occur. According to Article 681 of the Civil Code, a guarantee contract is a contract in which 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 by the parties occur. Article 691 stipulates that the scope of the 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.
Article 681 of the Civil Code is a contract in which the guarantor and the creditor's servant agree that when the debtor fails to perform the due debts or the circumstances agreed by the parties occur, the guarantor will not perform the debts or assume the liabilities in order to ensure the realization of the creditor's rights. Article 691 of the Civil Code provides that the scope of guarantee includes the principal creditor's right and its interest, liquidated damages, damages and the cost of realizing the creditor's right. Where the parties agree otherwise, follow their agreement.
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