Obtaining a guarantor pending trial is a kind of temporary non custodial treatment of criminal suspects taken by relevant authorities, and is a compulsory measure in the process of criminal proceedings. It is usually used for criminal suspects who are less guilty, do not need to be detained or arrested, but need to make certain restrictions on their freedom of action. Whether or not the criminal suspect is sentenced and how to sentence him remains to be determined after further investigation and trial by the judicial organ. Obtaining a guarantor pending trial is generally executed by the public security organ. However, in order to obtain a guarantor pending trial, the relevant actors need to meet the relevant conditions and apply for a guarantor pending trial according to the corresponding guarantor pending trial process. After the application is successful, the actors also need to comply with the corresponding provisions during the guarantor pending trial. From the perspective of judicial practice, those who can obtain a guarantor pending trial are all relatively minor crimes, and the chances of obtaining probation are relatively large.
Legal basis
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） 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.
