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 on criminal charges from the custody of law enforcement officials, sometimes on condition that a sum of money or other form is lodged 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 can be any individual, 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 regarding 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 as prescribed by law before judgment is passed by the court of an offense not punishable by death or life imprisonment.
A bailsman must submit a written request to the investigating officer who will ask for particular documents; the announcement of the result of the bail review is within 24 hours.
Can an alleged offender who is kept in custody be refused bail?
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
• The offender tampered with evidence
• The alleged offender is likely to cause injury to another person
• The person filing for a provisional release or the security he offers 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 required minimum bail amount?
The minimum bail amount may vary because the amount of bail for each case is set by the presiding judge of each jurisdiction, considering each particular criminal action and related evidence.
What are the forms of guarantee when posting bail?
In Thailand, there are three guarantee categories when submitting a request for a temporary release:
1. Assets (title deeds, bank accounts, etc.)
3. Using the employment status of a public official
(Using Government, police, military, political officials and state enterprise employees as Bail Bondsmen wherein bail rates are from 60,000 baht up to 800,000 baht depending on one’s position)
How do they consider bail requests?
In considering a temporary release, the court shall use the following criteria:
• Seriousness of the offense
• Sufficiency of the existing evidence and the credibility of the witness
• 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 caused if released, or 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 after the granting of temporary release?
Before granting 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 must 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 do they return the bail bond?
The court will order to return the bail bond on the day of reading the judgment, without the need to submit a request.