On 30th November 2017 at Magna Carta Law Office, The Kleshas Defence College, class 17, was discussing and sharing experiences from being involved and travelling to the Buddhist dharma pilgrim in India, and to be guided in the use of principles to aid the Precept, Concentrate, Wisdom to... Read more
What is Bail Bond?
A bail bond is one method used to obtain a temporary release of an alleged offender or accused person awaiting trial upon criminal charges from the custody of law enforcement officials, sometimes on condition that to lodge a sum of money or other form to guarantee their appearances in court. In other words, it represents an agreement to appear in court on a scheduled date.
What is a Bailsman and who can act as one?
A Bailsman is one who provides bail or security for another. It is any person, juristic person, or entity that acts as a surety and pledges money or assets as bail to ensure the future appearances of an alleged offender in court.
What is the general rule about the right to Bail?
A suspect or alleged offender is presumed innocent until proven guilty. Anybody charged with a criminal offense shall be admitted to bail as a matter of right, with sufficient sureties according to the law before the court passes its judgement on an offense not punishable by death or life imprisonment.
A Bailsman has to submit a written request to the investigating officer who will then ask for particular documents. The announcement of the bail review result is normally within 24 hours.
Can the court refuse bail to an alleged offender in custody?
According to Thai Criminal Procedure Code, an order which refuses to grant provisional release shall be issued only when one of the following causes exists:
- -The alleged offender is likely to escape, to tamper evidence or to cause injury to another person
- -The person filing for a provisional release or the security is not sufficiently credible
- -The provisional release will obstruct the inquiry of the officials or the trial in court
If the grant of a provisional release may endanger a key witness, such witness may file a motion of objection to the court.
What is the minimum bail amount required?
The minimum bail amount may vary because the presiding judge of each jurisdiction sets the amount for each case. They usually consider each particular criminal action and its evidences.
What are the forms of guarantee when posting bail in Thailand?
In Thailand, there are 3 guarantee categories when submitting a request for a temporary release:
- Assets (title deeds, bank accounts, etc.)
- Employment status of a public official
(Bail Bondsmen may include Government, Police, Military, Political officials and State Enterprise Employees. Bail rates are from 60,000 Baht up to 800,000 Baht depending on one’s position)
How does the court considers a bail request?
In considering a temporary release, the court shall use the following criteria:
- -Seriousness of the offense
- -Sufficiency of the existing evidence and the witness’ credibility
- -Circumstances of the case
- -Trustworthiness of the person filing the request or the guarantee given
- -Likelihood of the alleged offender to escape, to create danger if released
- -Likelihood of the alleged offender to destroy evidence or threaten any key witness
- -Existence or non-existence of an objection by an inquiry official, public prosecutor, plaintiff or witness
What are the conditions when granted a temporary release?
Before granting the release, the court will issue a receipt for the asset or for the amount of cash posted as a guarantee along with an appointment letter. The Bailsman or the person providing guarantee or security shall be compelled to sign a guarantee agreement in which he ensures to bring the suspect or alleged offender to court on the date of the appointment. Failure to do so shall subject the Bailsman to penalty as provided for in the contract.
When will the court order for the return of the bail bond?
The Court will order to return the bail bond on the day the judgement reading without the need to submit a request.