The margin for obtaining a guarantor pending trial is mainly calculated based on the following factors:
1. The social danger of the person on bail.
2. The nature and circumstances of the case;
3. The severity of possible punishment, the economic condition of the person who is released on bail, etc.
Legal basis:
Article 67 of the Criminal Procedure Law
The People's Court, the People's Procuratorate and the public security organ 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 independent application of supplementary punishment;
（2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger;
（3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger;
（4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial.
Obtaining a guarantor pending trial shall be executed by the public security organ.
Article 72 of the Criminal Procedure Law
The organ making the decision on obtaining a guarantor pending trial shall determine the amount of the security deposit by taking into account the need to ensure the normal conduct of litigation activities, the social danger of the person on bail pending trial, the nature and circumstances of the case, the severity of the possible punishment, the economic situation of the person on bail pending trial, etc.
