(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 of the executing organ;
(2) to be present in time at a court when summoned;
(3) not to interfere in any form with the witness when the latter gives testimony; and
(4) not to destroy or falsify evidence or tally confessions.
If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph, the guaranty money paid shall be confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant shall be ordered to write a statement of repentance, pay guaranty money or provide a guarantor again, or shall be subjected to residential surveillance or arrested. If a criminal suspect or defendant is found not to have violated the provisions in the preceding paragraph during the period when he has obtained a guarantor pending trial, the guaranty money shall be returned to him at the end of the period.
Article 57 A criminal suspect or defendant under residential surveillance shall observe the following provisions:
(1) not to leave his domicile without permission of the executing organ or, if he has no fixed domicile, not to leave the designated residence without permission;
(2) not to meet with others without permission of the executing organ;
(3) to be present in time at a court when summoned;
(4) not to interfere in any form with the witness when the latter gives testimony; and
(5) not to destroy or falsify evidence or tally confessions.
If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and if the case is serious, he shall be arrested.
Article 58 The period granted by a People s Court, People s Procuratorate or public security organ to a criminal suspect or defendant for awaiting trial after obtaining a guarantor shall not exceed twelve months; the period for residential surveillance shall not exceed six months.
During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under residential surveillance, investigation, prosecution and handling of the case shall not be suspended. If it is discovered that the criminal suspect or the defendant should not be investigated for criminal responsibility or when the period for awaiting trial after obtaining a guarantor or the period of residential surveillance has expired, such period shall be terminated without delay. The person who has obtained a guarantor pending trial or who is under residential surveillance and the units concerned shall be notified of the termination immediately.
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