1. Is it risky to help people get bail pending trial?
There are certain risks in helping people get a bail pending trial, mainly because the guarantor fails to perform relevant responsibilities. The guarantor who is released on bail pending trial needs to fulfill the obligation of supervision over the guarantor. If the guarantor fails to perform his legal obligations, he will bear certain legal consequences, that is, the guarantor has violated the provisions of Article 56 of the Criminal Procedure Law, and he will be fined if he fails to report in time. If a crime is constituted, criminal responsibility shall be investigated according to law. If a criminal suspect or defendant is released on bail pending trial, he may put forward a guarantor who meets the statutory conditions to guarantee. The guarantor who is released on bail pending trial shall fulfill the obligation of guarantee and ensure that the person released on bail is available at any time, and will not be detained or mistaken by the person released on bail pending trial. Obligations of the guarantor:
(1) Supervise the guarantor to abide by the law. Including supervising the guarantor not to leave the city or county where he lives without the approval of the public security organ. If the guarantor needs to leave the city or county where he lives, he shall urge the guarantor to apply to the executive public security organ for approval; Supervise the guarantor to appear in court in time when summoned by the judicial organ; Supervise the warrantee not to interfere with the witness's testimony in any form; Supervise the warrantee not to collude, destroy or forge evidence.
(2) If it is found that the guarantor may or has already committed an illegal act, it shall promptly report to the executing organ. For example, in the process of fulfilling the guarantee obligation, the guarantor finds that the guarantor has escaped or attempted to escape, or that the guarantor has left the city or county where he lives for business without approval, and that the guarantor may destroy, forge evidence, collude with others, etc., and should report to the executing public security organ as soon as possible without delay.
Second, the legal responsibility of the guarantor for not fulfilling his obligations.
The guarantor shall earnestly perform the guarantee obligations stipulated by law, and if he fails to perform the guarantee obligations, he shall bear corresponding legal responsibilities according to law. If the guarantor fails to perform the guarantee obligation, it shall be dealt with separately.
First of all, if the guarantor leaves the city or county where he lives without the approval of the executive public security organ, fails to show up in time when summoned by the judicial organ, interferes with the witness's testimony in any form, destroys or falsifies evidence, or colludes with the witness, and the guarantor fails to report to the executive public security organ in time, the executive public security organ will make a decision and impose a fine on the guarantor. If a crime is constituted, criminal responsibility shall be investigated according to law. It should be pointed out that the fine imposed on the guarantor can only be decided by the executing organ that has obtained bail pending trial. Even if the people's procuratorate or the people's court decides to obtain bail pending trial, the people's procuratorate or the people's court cannot directly determine that the guarantor has violated the guarantee obligation and impose a fine on the guarantor. As for how to determine the amount of fines, the law does not clearly stipulate. In practice, it should be determined according to the seriousness of the guarantor's illegal situation, the guarantor's responsibility and its economic situation.
Secondly, if the guarantor violates the above-mentioned laws, the guarantor and the guaranteed collude with each other, such as colluding with each other to interfere with witnesses' testimony and help the guarantor escape. If a crime is constituted, the guarantor shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law.
For the handling of bail pending trial, the judicial organs need to identify the relevant conditions for bail pending trial.
Meet the prescribed conditions to get a guarantor. If you don't meet the relevant conditions, you won't get a guarantor. If the relevant information is not handled clearly, you can consult a lawyer for legal appraisal.