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Is it equivalent to pleading guilty to obtain a guarantor pending trial

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Is it equivalent to pleading guilty to obtain a guarantor pending trial


        

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  • 2024-06-11 00:01:42

    Obtaining a guarantor pending trial is not equivalent to pleading guilty. Obtaining a guarantor pending trial is a compulsory measure in China's criminal procedure law. In the process of investigation, prosecution and trial of cases, criminal suspects or defendants are required to provide guarantors or pay deposits to ensure that they will not evade or hinder investigation, prosecution and trial.

    However, obtaining bail does not mean that the suspect or defendant has admitted his crime, which is different from the concept of confession. Confession is the recognition of criminal facts by criminals, and the recognition of their illegality, social harmfulness and punishable nature is consistent with the purpose of punishment.

    Legal basis:

    Criminal Procedure Law

    Article 66 The People's Court, the People's Procuratorate and the public security organ may, according to the circumstances of a case, summon a criminal suspect or defendant by force, obtain a guarantor pending trial or place him under residential surveillance.

    Article 67 The People's Court, the People's Procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:

    (1) Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;

    (2) It may be sentenced to fixed-term imprisonment or more, and the adoption of 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;

    (4) When the term of custody expires, 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.

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