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Can the period of obtaining a guarantor pending trial be used for criminal detention

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Can the period of obtaining a guarantor pending trial be used for criminal detention


        

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  • 2024-06-06 05:01:39

    The period of obtaining a guarantor pending trial cannot be converted into a term of criminal detention.

    Obtaining a guarantor pending trial cannot offset criminal detention, because obtaining a guarantor pending trial is a criminal compulsory measure that the investigation, prosecution and judicial authorities, in the process of criminal proceedings, order a person who has been prosecuted but has not been held in criminal custody to provide a guarantor or pay a bond and issue a letter of guarantee to prevent him from evading investigation, prosecution and trial, It does not belong to judicial judgment measures, so there is no statement of offsetting the term of detention.

    [Legal Basis]

    In Article 67 of the Criminal Procedure Law, 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.

    Wu***

    2024-06-06 05:01:39

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