Legit Facts About Bail Bonds
Certainly, you have already heard that a criminal offender offers or has already paid bail in criminal proceedings so that he does not have to go into custody or be released from custody. It is then unreasonable to speculate that the perpetrator has redeemed the bail of the criminal proceedings so that he does not have to enter punishment.
Although the deposit is related to the criminal offense of a particular offender, it has no direct connection with the assessment of criminal liability, the decision on guilt and punishment and the manner of its execution. It is an element of criminal proceedings and in connection with criminal proceedings and the application of custody within it is also a security deposit, respectively. a monetary bond guarantee, as this legal institute is officially called, has been modified in the Penal Code.
Bail bonds by Bond Cliff are a form of surety bonds, they are given by surety bond companies and the services are done through their agents, which are also called bondsmen, to post bail for the defendant using the two kinds of bail bonds.
What is tracking and when can it be saved?
The accused, who is the person against whom criminal proceedings have been initiated, may only be taken into custody if his actions or other specific facts give rise to reasonable concern,
- e will flee or hide to avoid prosecution or punishment, especially if his / her identity cannot be detected immediately, if he / she is not permanently resident or if there is a high punishment,
- that it will act on witnesses not yet heard or co-defendant or otherwise frustrate the clarification of facts relevant to prosecution, or
- that he will repeat the offense for which he is prosecuted, complete the offense he attempted, or perform an offense that he has prepared or threatened,
with the fulfillment of other conditions, that the facts so far identified suggest that the act for which the prosecution was commenced has been committed, has all the characteristics of a crime, the reasons for suspecting that the offense has been committed by the accused, and with respect to the person of the accused, the nature and gravity of the offense for which he is prosecuted cannot be achieved by other measures at the time of the purpose of the custody.
The court decides to be taken into custody and, in the pre-trial proceedings, the judge is appointed by the prosecutor.
However, an accused who is prosecuted for a deliberate offense for which the law provides for a custodial sentence whose upper limit does not exceed two years, or for a negligent offense punishable by a custodial sentence whose upper limit does not exceed three years except that the accused
- he fled or hid,
- repeatedly not appearing at the summons and failed to present it or otherwise ensure his participation in the criminal proceedings,
- unknown identity and failed to find available by available means
- has already acted on witnesses or co-defendants or otherwise thwarted clarification of the facts relevant to the prosecution, or
- continue the crime for which he is prosecuted.
The bond may only be necessary in the pre-trial and court proceedings. The link for the reason given in the above reason b) may last for a maximum of three months; if it has been established that the accused has already acted on witnesses or co-defendants or otherwise thwarted the clarification of the facts relevant to the prosecution, he / she will decide in the pre-trial to leave the accused in custody on the application of the prosecutor and after the prosecution has been filed. If the accused who is not simultaneously detained for another reason has not been released before the expiry of that period, he shall be released from custody for the reason referred to in point (a). (b) released no later than the day following the expiry of that period.
If the duration of the pre-trial detention period reaches three months, the prosecutor is obliged to decide within five working days after that period whether the accused remains in custody or is released from custody.
If the public prosecutor decides that the accused is held in custody, he is obliged to decide again within three months of this decision whether the accused remains in custody or whether the accused is released from custody. Only if it was not possible for the difficulty of the case or for other compelling reasons to prosecute within that period and the release of the accused to liberty is there a risk of frustrating or substantially hampering the attainment of the purpose of the prosecution being allowed to leave the accused in custody.
If the prosecutor is filed with the accused prosecutor in court, the court is obliged to decide within 30 days whether the accused remains in custody or whether the accused is released from custody.
We will not further discuss the further procedure in the case of custody, we will only recall that the total period of custody in criminal proceedings may not exceed
- one year if a criminal offense is brought against the offense in which the single judge has jurisdiction;
- two years, if a criminal prosecution is conducted for a criminal offense in which the Chamber of the District or Regional Court has jurisdiction at first instance, unless the offense referred to in subparagraphs (c) and (d) above is involved,
- three years when prosecution is conducted for a particularly serious intentional offense, unless it is the offense referred to in point (d),
- four years when a criminal offense for which an exceptional penalty can be imposed under a special section of the Criminal Code is conducted.
It should be remembered that the accused has the right to request release at any time. The court must decide on such a request immediately, no later than five working days. If the application has been rejected, the accused may repeat it if there are no other reasons, fourteen days after the decision has become final.
Replace binding with warranty, supervision, or promise
The Code of Criminal Procedure allows, in the event that a reason for custody is given above, a) or c), the custodial authority may leave the accused at liberty or release him if
- a citizens’ interest association, or a trustworthy person capable of affecting the behavior of the accused, will offer a guarantee for further behavior of the accused and for the accused to appear at the court, the prosecutor or the police authority upon notice and to notify in advance the distance from the place of residence; the detention authority considers the guarantee to be sufficient in respect of the person accused and the nature of the case, and accepts it,
- the accused gives a promise in writing that he or she will lead a proper life, especially that he / she will not commit a crime, arrives at a court, prosecutor or police authority upon request, always prior to his / her stay and fulfilling his / her obligations and complying with the restrictions imposed on him , and the detention authority considers the promise in respect of the accused person and the nature of the case to be sufficient and accepts it, or
- with regard to the person accused and the nature of the case, the purpose of detention can be achieved by supervising the probation officer over the accused.
When does the bail come into consideration?
If the reason for the custody referred to in (a) or (c) is given, ( that he / she will flee or hide in order to avoid prosecution or punishment, in particular, if his / her identity cannot be ascertained immediately, if he / she is not permanently resident or is at high punishment) or that he will repeat the offense for which he is prosecuted, complete the offense he has attempted, or perform an offense that he has prepared or threatened )
the detention authority may also leave the accused at liberty or release him even if he accepts a compound guarantee of which he has determined. However, if the accused is prosecuted for the offense of terror (Sections 93 and 93a), the general threat under § 179 para. 219), bodily harm (Section 222), robbery under Section 234 (3), rape under Section 241 (2) to (4) and sexual abuse pursuant to Section 242 (3), (4) of the Criminal Code and if the reason for custody referred to in § 67 let. 1 letter c) of the Criminal Procedure Code, the financial guarantee cannot be accepted.
Other persons may also deposit a financial guarantee with the consent of the accused, but they must be familiar with the substance of the accusation and the facts in which the reason for detention is found before accepting it.
At the request of the accused or the person offering the financial guarantee, the authority decides that
- the acceptance of a financial guarantee is acceptable, and, taking into account the person and the property of the accused or the person who offers the financial security, the amount and the gravity of the grounds for detention shall be determined by the amount of the pecuniary guarantee in the appropriate value from CZK 10,000 above and the method of its composition, or
- in view of the circumstances of the case or the seriousness of the facts justifying the link, it does not accept the offer of a financial guarantee.
What is the fate of the bail received?
It follows that the security deposit is not a ransom for a penalty or a “bribe” for acquittal. The deposit is forfeited to the state only if the court decides if the accused
- fleeing, hiding or not reporting a change in his / her stay, thus preventing delivery of a summons or other document of the court, prosecutor or police authority
- culpably fails to appear at the summons to the criminal proceedings whose execution is excluded without his presence
- or repeats an offense or attempts to complete an offense that it previously failed or that it was preparing or threatening, or
- Avoids the execution of a imposed custodial sentence or a fine or imprisonment for a fine.
Unless the court decides otherwise, the accused who has been convicted of an unconditional sentence of imprisonment or a fine of up to the day on which the accused enters imprisonment shall be liable to pay the fine and the costs of the criminal proceedings. If the accused does not pay the fine or the costs of the criminal proceedings within the prescribed period, the funds from the monetary guarantee shall be used to pay them.
The reasons for which a State guarantee may be imposed on the State or used to pay a fine or the costs of criminal proceedings must be brought to the attention of the accused and the person who lodged the guarantee has been advised in advance.
If this is not the case, the money back guarantee will be returned to the person who has deposited it.