The court will be put in prison at the hearing of the guarantor pending trial. If there is evidence to prove the facts of the crime, the court will be put in prison if sentenced; If the sentence is suspended, he will not be put in prison. The executing organ for obtaining a guarantor pending trial shall be the public security organ. When executing, the public security organ shall read out the Letter of Decision on Obtaining a Bail and Waiting for Trial to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during the period of obtaining a bail and waiting for trial.
According to Article 72 of the Criminal Law of the People's Republic of China, a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he simultaneously meets the following conditions, and a suspension of sentence shall be announced for those under the age of 18, pregnant women and those who have reached the age of 75:
1. The circumstances of the crime are relatively minor;
2. Show repentance;
3. There is no danger of committing another crime;
4. Proclamation of probation has no significant adverse impact on the community where they live.