The nature of this crime is serious, and it is generally impossible to obtain a guarantor pending trial. According to the actual situation of the case, according to the relevant provisions of the Criminal Procedure Law, the conditions for obtaining a guarantor pending trial are as follows:
1. Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment. That is, if the criminal suspect and the defendant have a relatively minor crime and punishment, and it is unnecessary to arrest them, but it is possible to evade investigation, prosecution and trial, and other obstacles to the smooth progress of the proceedings, they should adopt a guarantor pending trial
2. It may be sentenced to fixed-term imprisonment or more, and the adoption of a guarantor pending trial will not cause social danger. That is, the criminal suspect, the defendant who has committed a relatively serious crime, but will not cause social danger when taking a guarantor pending trial, and there is no need to arrest, should take a guarantor pending trial
3. Those who should be arrested but are suffering from serious diseases and are not suitable for custody, such as those who cannot take care of themselves due to illness, may obtain a guarantor pending trial
4. Those who should be arrested according to law but are pregnant or breast-feeding their own babies. Under such circumstances, if it is discovered before the arrest, the arrest cannot be decided; If it is found after arrest, the compulsory measures should be changed and the method of obtaining a guarantor pending trial should be used instead
5. A criminal suspect who has been detained according to law, after interrogation and examination, believes that arrest is necessary but the evidence is insufficient. This refers to the situation in which the detainee may be sentenced to more than fixed-term imprisonment, but lacks sufficient evidence to prove that he or she has committed a crime, and cannot collect corresponding evidence within the legal period of detention, but needs to continue to collect evidence.
6. The criminal suspect or defendant who has been arrested and detained cannot close the case within the statutory time limit for investigation, prosecution, first instance and second instance, and there is no social danger in adopting the method of obtaining a guarantor pending trial. In addition, according to Item 7 of Article 37 of the Rules of the Supreme People's Procuratorate, criminal suspects who hold valid passports or other valid exit certificates and may leave the country to evade investigation but do not need to be arrested may obtain a guarantor pending trial. According to Article 63 of the Regulations of the Ministry of Public Security
5. According to the provisions of Item 7, if the procuratorate organ does not approve the arrest after the request for arrest and needs reconsideration and review, the procuratorate organ decides not to prosecute after the transfer for prosecution, and the criminal suspect in the case that needs reconsideration and review may also obtain a guarantor pending trial
