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.
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.
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.
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:
If the grant of a provisional release may endanger a key witness, such witness may file a motion of objection to the court.
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.
In Thailand, there are 3 guarantee categories when submitting a request for a temporary release:
(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)
In considering a temporary release, the court shall use the following criteria:
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.
The Court will order to return the bail bond on the day the judgement reading without the need to submit a request.