CHAPTER VI COMPULSORY MEASURES
Article 50 The People's Courts, the People's Procuratorates and the
public security organs may, according to the circumstances of a case,
issue a warrant to compel the appearance of the criminal suspect or
defendant, order him to obtain a guarantor pending trial or subject him
to residential surveillance.
Article 51 The People's Courts, the People's Procuratorates and the
public security organs may allow criminal suspects or defendants under
any of the following conditions to obtain a guarantor pending trial or
subject them to residential surveillance:
(1) They may be sentenced to public surveillance, criminal detention or
simply imposed with supplementary punishments; or
(2) They may be imposed with a punishment of fixed-term imprisonment at
least and would not endanger society if they are allowed to obtain a
guarantor pending trial or are placed under residential surveillance.
The public security organs shall execute the decision on allowing a
criminal suspect or defendant to obtain a guarantor pending trial or on
subjecting him to residential surveillance.
Article 52 A criminal suspect or defendant in custody and his legal
representatives or near relatives shall have the right to apply for
obtaining a guarantor pending trial.
Article 53 If the People's Courts, the People's Procuratorates or the
public security organs decide to allow a criminal suspect or defendant
to obtain a guarantor pending trial, they shall order the criminal
suspect or defendant to provide a guarantor or pay guaranty money.
Article 54 A guarantor must be a person who meets the following
conditions:
(1) to be not involved in the current case;
(2) to be able to perform a guarantor's duties;
(3) to be entitled to political rights and not subjected to restriction
of personal freedom; and
(4) to have a fixed domicile and steady income.
Article 55 A guarantor shall perform the following duties:
(1) to see to it that the person under his guarantee observes the
provisions of Article 56 of this Law; and
(2) to promptly report to the executing organ when finding that the
person under his guarantee may commit or has already committed acts in
violation of the provisions of Article 56 of this Law.
If the guarantor fails to report promptly when the person under his
guarantee has committed an act in violation of the provisions of Article
56 of this Law, he shall be fined. If the case constitutes a crime,
criminal responsibility shall be investigated according to law.
Article 56 A criminal suspect or defendant who has obtained a guarantor
pending trial shall observe the following provisions:
(1) not to leave the city or county where he resides without permission
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