Oral application or written application for obtaining a guarantor pending trial

1、 Oral application or written application for obtaining a guarantor pending trial

The application for obtaining a guarantor pending trial can be made orally or alternatively Written form submit . This process is described in the criminal procedure law 》It is clearly reflected in Article 67. This provision provides that if a person civil law The People's Procuratorate, the People's Procuratorate and the public security organ consider it necessary to Suspect Or the defendant has the right to make a decision and take corresponding actions when implementing the measures of obtaining a guarantor pending trial. Either orally or in writing Application for obtaining a guarantor pending trial , which will be operated and handled by the public security organ responsible for implementation.

Article 67 of the Criminal Procedure Law of the People's Republic of China, the people's courts, the people's procuratorates and the public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:

（1） Possible sentence control 、 criminal detention Or apply independently Supplementary punishment Of;

（2） Possible sentence fixed-term imprisonment above punishment , the adoption of a guarantor pending trial will not cause social danger;

（3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger;

(IV) term in custody At the end of the period, the case has not been completed and it is necessary to obtain a guarantor pending trial.

Obtaining a guarantor pending trial shall be executed by the public security organ. "

2、 What to do with oral consent after obtaining a guarantor pending trial

If the guarantor pending trial applies for going to another place, he/she may stay away from the local place only after the execution agency nods his/her consent. According to the current legal provisions, the criminal suspects and defendants who are sentenced to bail pending trial shall not be allowed to leave without permission unless approved by the enforcement agency Self separation The city and county where it is located. In addition, if there is any change in the residence, work unit and contact information of the guarantor pending trial, it shall report to the executive agency within 24 hours.

Article 71 of the Criminal Procedure Law

A criminal suspect or defendant who has obtained a guarantor pending trial shall comply with the following provisions:

（1） Not to leave the city or county where they live without the approval of the executive organ;

（2） If there is any change in the address, work unit or contact information, a report shall be made to the executing organ within 24 hours;

（3） Arrive at the case in time when being summoned;

（4） Do not interfere in any form witness testify;

（5） No destruction or forgery evidence perhaps Colluded confessions 。

Law is a universal constraint, which not only protects our rights and interests, but also regulates our behavior. Each of us should fully understand and understand the law in order to better protect our rights and better live in this society ruled by law. As the title of this article points out, "whether to apply for bail orally or in writing", the study and understanding of law is a long-term task, which requires our constant efforts and exploration. We should cherish this process and regard it as an opportunity for self-improvement so as to better adapt to social development and change.