A person who has obtained a guarantor pending trial may go to another place, but it must be approved by the executing organ. The following provisions shall be observed when obtaining a guarantor pending trial:
(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 with the witness in any form;
(5) They shall not destroy or forge evidence or collude with others. What is the difference between obtaining a guarantor pending trial and residential surveillance?
1. Different terms
Residential surveillance: the maximum period shall not exceed 6 months.
Waiting on bail: the maximum period shall not exceed 12 months.
2 Can I apply for different
Residential surveillance: can not apply.
Bailed pending trial: can apply. Applicant, criminal suspect, defendant and their legal representatives, close relatives and lawyers.
3. The execution place is different
Residential surveillance: it shall be carried out at the residence of the criminal suspect or defendant; If there is no fixed residence, it may be executed at the designated residence. (For those suspected of crimes endangering national security, terrorist activities, and especially serious bribery crimes that may hinder investigation at their residence, they may also be executed at their designated residence with the approval of the people's procuratorate at the next higher level or the public security organ.)
Bailed pending trial: the city or county where the criminal suspect or defendant lives.
4. The consequences of violating regulations are different
Residential surveillance: if the circumstances are serious, they may be arrested; If arrest is necessary, the criminal suspect or defendant may be detained first.
Obtaining a guarantor pending trial: if the security deposit has been paid, part or all of the security deposit shall be confiscated, and the criminal suspect or defendant shall be ordered to sign a statement of repentance, pay the security deposit again, provide a guarantor, or be placed under residential surveillance or arrested, depending on the circumstances.
5. Whether it can be converted into different terms of imprisonment
Residential surveillance: The period of residential surveillance at the designated residence shall be converted into the term of imprisonment.
Obtaining a guarantor pending trial: the term of imprisonment cannot be commuted.