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How long does it take to apply to the procuratorate for obtaining a guarantor pending trial?

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How long does it take to apply to the procuratorate for obtaining a guarantor pending trial?


        

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  • 2024-06-18 06:00:50

    If the people's court, the people's procuratorate and the public security organ should make a decision within three days after receiving the application not to agree to change the compulsory measures, they should inform the applicant and explain the reasons for their disagreement. To obtain a guarantor pending trial means that in criminal proceedings, the public security organ, the People's Procuratorate, the People's Court and other judicial organs order a criminal suspect or defendant who has not been arrested or who needs to change the coercive measures after arrest to provide a guarantor or pay a deposit, and issue a letter of guarantee, which will be delivered immediately, in order to prevent him from evading investigation, prosecution and trial, It is a compulsory measure not to detain or temporarily release the detainee. The People's Court, the People's Procuratorate and the public security organ shall make a decision within three days after receiving the application. The criminal suspect, the defendant and their legal representatives, close relatives or defenders have the right to apply for changing the compulsory measures.

    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.

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