If the deposit is not agreed as a deposit, it can be returned; if it is agreed as a deposit, it cannot be returned. The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. Of course. Those who abide by the obligation of obtaining a guarantor pending trial shall be returned to the parties at the expiration of the period. If the criminal suspect has not committed any illegal act during the period of obtaining a guarantor pending trial, the public security organ shall return the deposit to the criminal suspect in full while releasing the guarantor pending trial.
1. If the criminal suspect did not violate the provisions of Article 71 of the Criminal Procedure Law during the period of bail pending trial, the public security organ shall return the deposit in full to the criminal suspect while releasing the bail pending trial.
2, decided to return the deposit, should go through strict examination, approved by the person in charge of the public security organ at or above the county level, issued a "decision" to return the deposit.
3. After the public security organ decides to return the deposit of the criminal suspect, it shall notify the designated bank to return the deposit to the criminal suspect in full while the criminal suspect is released on bail pending trial, and order the criminal suspect to sign or seal the decision on returning the deposit. Therefore, if the person on bail does not violate the relevant provisions of the law during the period of bail pending trial, the deposit for bail pending trial shall be returned. Due to the different levels of economic development in different places, the amount of deposits collected by local public security and judicial organs may also be different. Moreover, the nature of the case is different, the degree of social harm is different, and the amount of deposit to be paid is also different.
Legal basis:
Article 586 of the Civil Code of People's Republic of China (PRC) * * * The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid. The amount of deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.
Derivative problem:
What is the procedure for obtaining bail pending trial?
Procedures for obtaining bail pending trial: 1. Apply 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. 4. Time limit for obtaining bail pending trial. The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months. During the second trial of the people's court, if the detention period of the criminal suspect has exceeded the fixed-term imprisonment sentenced by the court of first instance, it is also applicable to bail pending trial. Criminal suspects, their legal representatives and close relatives may also apply for bail pending trial. The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months. During the second trial of the people's court, if the detention period of the criminal suspect has exceeded the fixed-term imprisonment sentenced by the court of first instance, it is also applicable to bail pending trial. Criminal suspects, their legal representatives and close relatives may also apply for bail pending trial.