What Is Bail

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What Is Bail
What Is Bail

Video: What Is Bail

Video: What is Bail? Section 436-439 of CrPC | Procedure for Bail 2022, November
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Bail is considered to be the deposit of money, other property or valuables by the suspect, the accused, his representatives or other persons to the court's deposit. These values ​​should ensure the appearance of a released person when summoned by the investigating authorities, at court sessions, and prevent the commission of new offenses.

What is bail
What is bail

Release on bail is a separate preventive measure that can only be imposed by a court decision upon request. The essence of this measure consists in the introduction by interested persons of certain values ​​(money, bonds, property) to the court's deposit, after which the suspect or the accused is released from arrest. At the same time, the person released in this way is subject to the obligation to immediately appear before the investigating or judicial authorities upon the first call, proper behavior and the absence of new unlawful acts. Failure to fulfill the listed obligations may entail turning the pledge into the state budget revenue, replacing the preventive measure with a stricter one.

How do you get bail?

The criminal procedural legislation assigns the decision of the issue of release on bail to the exclusive competence of the court. At the same time, in order to make such a decision, a special petition is required, in which the corresponding request is recorded, a certain amount of pledge is offered, and other property. Such a request can be submitted at any stage of the investigation or trial, in all cases the judicial authorities are obliged to consider it. The petition can be made by the defendant himself or by others who are willing to post bail. When considering this request, the court takes into account many factors, including the severity of the crime committed, the behavior and characteristics of the person, whether he has social obligations, and the ability to influence the course of the investigation while at large.

How much to offer as collateral?

Most often, interested persons offer money as collateral. The specific amount of bail is established by a judicial act, which contains a decision on the appointment of this preventive measure. It should be borne in mind that the law imposes restrictions on the minimum amount of bail, which cannot be less than one hundred thousand rubles for crimes of small, medium gravity, and also cannot be less than five hundred thousand rubles for those crimes that are classified as grave, especially grave. The legislation does not provide for restrictions on the maximum amount of the pledge. A judicial act, which establishes a measure of restraint in the form of a bail, must be executed by the interested person within seventy two hours after its issuance.

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