What is bail?

Under the condition of deposit payment, etc., it is a system that suspends execution while leaving the effect of detention and unlocks the accused. Defendants detained or their defendants, legal agents, guardians, spouses, direct relatives, or siblings may request bail.

There is no bail system after prosecution but only after prosecution. Bail requests can be made at any time before or after the trial begins, as long as the case has been prosecuted. Procedures to temporarily open a security deposit under the threat of taking over a prepaid security deposit if a bailed accused escapes, destroys evidence, or threatens a witness Is called bail. The bail system is rooted in the idea that the “presumed innocence principle” in criminal trials makes bail a collateral and frees the accused if there is no fear of escape or eradication of evidence.

Bail procedures

1. The decision to allow bail can only be enforced after the deposit has been paid.

2. The court may allow non-claimers to pay a deposit.

3. The court may allow a security deposit or a guarantee issued by someone other than the accused as deemed appropriate by the court to replace the deposit.

Bail and the prosecutor’s opinion

1. In case of canceling the bail, the court may take all or part of the deposit at the decision.

2. Except when requested by a public prosecutor, the same shall apply to the case of making a decision to cancel a detention. However, this is not the case when it requires rapidity.

Bail type

There are three main types of bail.

1. Necessary bail when there is no bail refusal case in prosecution

2. Power bail when the court finds it appropriate

3. Unreasonably long detention and cancellation bail of detention

Bail Request

1. A accused detained person or his / her counsel, legal representative, guardian, spouse, direct relative or siblings may request a bail.

Cancellation of bail, etc., deposit of security deposit

1. The court will have the following items: In the case of a lawsuit, the court may, at the request of the public prosecutor, or at its own authority, cancel the suspension of bail or detention.

  • When the accused does not appear without a justifiable reason for being summoned.
  • If there is a good reason to suspect that the accused escapes or escapes.
  • When there is a good reason to suspect that the accused may eradicate the crime or eradicate the crime.
  • When the accused person tries to harm or add to the body or property of a person or a relative who is deemed to have the necessary knowledge for the trial of a victim or other case, or acts of scaring these persons.
  • When the accused violates the restrictions on residence or other conditions set by the court.

2. In case of canceling the bail, the court may decide to take all or part of the deposit.

3. If a bailed person is called for execution and does not appear without a justifiable reason after having been sentenced and sentenced, the case will be decided at the request of the public prosecutor. All or part of the deposit must be taken away.

Guaranteed amount, conditions of bail

1. In case of canceling the bail, the court may take all or part of the deposit at the decision.

2. The amount of bail shall be considerable enough to guarantee the appearance of the accused, taking into consideration the nature and circumstances of the crime, the proving power of the evidence and the nature and property of the accused.

3. In cases where bail is permitted, the defendant’s residence may be restricted or other conditions may be deemed appropriate.