After obtaining a guarantor pending trial, they may be arrested. The procuratorate or court that meets the conditions for arrest may approve the arrest. Obtaining a guarantor pending trial is only a compulsory measure in the process of criminal proceedings, which does not mean the end of the case and that no penalty will be imposed. Therefore, if it is necessary to arrest, it will still be arrested.
[Legal Basis]
In Article 81 of the Criminal Procedure Law, a criminal suspect or defendant who has evidence to prove the facts of a crime and may be sentenced to a sentence of not less than imprisonment shall be arrested if obtaining a guarantor pending trial is not enough to prevent the following social dangers:
(1) Possible to commit new crimes;
(2) There is a real danger of endangering national security, public security or social order;
(3) Those who may destroy or forge evidence, interfere with witnesses' testimony or collude in confessing;
(4) Possible retaliation against the victim, informant or complainant;
(5) Attempting to commit suicide or escape.