(1) The amount of the deposit shall be determined according to the local economic development level, the financial situation of the criminal suspect, the nature, circumstances, social harmfulness of the criminal suspect and the severity of possible punishment. (two) for economic crimes, crimes against property or other crimes that cause property losses, the amount of the deposit can be determined according to one to three times the amount involved or the amount of direct property losses; (3) For other criminal offences, according to the different circumstances of the case, the standard of deposit amount can be determined between 2,000 yuan and 50,000 yuan. Two. Conditions for obtaining a guarantor pending trial Regarding the applicable conditions for obtaining a guarantor pending trial, Article 65 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. This is the most important legal basis for judicial organs to handle bail pending trial. The so-called "possible punishment" in the first case mentioned above refers to the possible punishment determined by the judicial personnel who undertake the case according to the suspected criminal facts preliminarily identified by the judicial organs. It does not refer to the statutory maximum penalty of a certain clause of the criminal law violated by the actions of criminal suspects and defendants, nor does it refer to the statutory maximum penalty of a crime stipulated in this clause. In the second case, the so-called "it may be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social danger" means that according to the suspected criminal facts that have been ascertained by the judicial organs, although it can be determined that the crime committed is serious, it should be sentenced to more than fixed-term imprisonment according to the corresponding criminal law, but bail pending trial will not cause social danger. Three. Bail procedure 1. Application for bail pending trial. Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be made in writing. 2. The decision to obtain bail pending trial. The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement. In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial. 3. Execute bail pending trial. The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
Legal objectivity:
Article 67 of the Criminal Procedure Law: The people's courts, people's procuratorates and public security organs may obtain bail pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply supplementary punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial shall be executed by the public security organ. Article 72 of the Criminal Procedure Law stipulates that the organ that decides to get a bail pending trial shall comprehensively consider the need to ensure the normal proceedings, the social danger of the person who is released on bail pending trial, the nature and circumstances of the case, the severity of the possible penalty, the financial situation of the person who is released on bail pending trial and other factors to determine the amount of the deposit.