In order to receive a trial, it is important to reduce your burden as much as possible and to conduct a thorough consultation with the counsel. Bail is a very important procedure for effectively securing it, but do you know its contents and conditions?
First of all, what is bail
Bail refers to a trial and enforcement that suspends execution of detention and releases the accused from detention by detention, subject to payment of certain guarantees (bonds, securities, warranties, etc.). Bail will release the accused’s identity.
In broad terms, it is included in the suspension of execution of detention, but it differs from the narrowly defined “stop of execution of detention” (Article 95 of the Code of Criminal Procedure) in that it requires payment of a deposit. It also differs from “cancellation of detention” (Article 87 of the Code of Criminal Procedure) in that it does not extinguish the validity of the detention. When the defendant violates the terms of bail, it aims to achieve the same effect as the case that the accused is detained, with the financial distress of forfeiting the “bond money” added.
Bail is only granted after prosecution, not in arrest or detention stages prior to prosecution.
If bail is granted, you will be able to respond to the trial while living the original life, and it will be easier to make a full meeting with the lawyer, and you will be able to actively engage in defense activities for the trial.
Flow of pocedure to admit bail
- Submission of a bill of bail,
- Request for opinion to the public prosecutor (Article 92 (1) of the Code of Criminal Procedure),
- Bail permit decision,
- Bail payment of bail,
- it becomes the flow of execution of bail.
- Bail, as it is commonly said, refers to a deposit that is paid as a certain guarantee.
- Payment of a bail deposit is a condition for bail to be executed. Therefore, it is necessary to secure a bail deposit as a preparation.
- Bail money will be described later. First, I will talk about cases where bail is permitted.
3 patterns of bail
Among the bail, (1) bail (necessary bail) (Article 89 of the Criminal Procedure Code), (2) discretionary bail (the bail of office right ) (Article 90 of the Criminal Procedure Code), (3) mandatory bail (criminal There are three of the law of law Article 91), and the conditions under which bail is permitted differ depending on the type.
Since the accused is subject to “presence of innocence” until being convicted, if there is a lawful request for bail, the court Bail must be permitted unless there is a reason (excluded reason) specified in the item. This is called required bail (right bail).
This means that bail will be accepted unless any of the following six conditions apply:
In addition, having a risk of escape does not become an exception event of necessary bail. In the first place, bail is to make a guarantee and to prevent escape as a threat of financial distress, such as the forfeiture of a deposit.
Discretionary bail refers to cases where bail is permitted at the discretion of the court, even if the conditions for bail are not satisfied (Criminal Procedure Code Article 90).
As a court practice, if there is a request for bail, first determine whether or not it will be a bail, and if it is determined that there is no hit, you should also decide whether or not the discretionary bail will be made 29 ・ 4 ・ 21, special issue No. 40, p. 73), and in the case of an appeal or a subcommittee, it is possible to assert the unfairness of the judgment of discretionary bail (final decision 29. 7. 7 sentence collection 8) Volume 7 No. 1065).
Mandatory bail refers to cases in which a person is released on demand or in exile if his detention is prolonged for a long time (Article 91 of the Code of Criminal Procedure).
“Unfairly long” is not simply a concept of time, but a relative concept that is comprehensively judged from the nature and aspect of the case, the difficulty of the referee, the state of health of the accused, and various other situations. It will be determined according to the specific case.
Will the bail return later?
Bail is not sanctioned, but is intended to secure the accused’s identity and to appear in court, so if not seized, even if a conviction is returned, the entire amount will be returned. will be the difference (see the Code of criminal Procedure rules Article 91 No. 2).
In some cases, will the bail be confiscated?
As mentioned earlier, if you are seized, part or all of the bail will not be returned.
The criminal law also stipulates the case of being seized, and when there is a sufficient reason for suspecting that 2 defendants will escape or escape when 1 defendant is summoned and does not appear without a justifiable reason., 3 When there is a good reason to suspect that the accused may eradicate the crime or eradicate the crime, the body of the person or relatives of whom the accused is deemed to have the necessary knowledge for trial of the victim or other case Or (5) when the accused violates the restrictions on the residence or other conditions prescribed by the court when he / she seeks to harm or add to the property, or frighten those persons. The court may cancel the bail if it falls under any of the items in Article 1), and may decide to take over all or part of the deposit (Criminal Procedure Act Article 96 paragraph 2).
Bail price and return system
About the market
- The price of the bail deposit is at least 1.5 million yen, usually 2 million yen, but it may exceed 10 million yen or may fall below 1.5 million yen depending on the case.
- Defendants are often scarce and may not be able to prepare such bail.
- In such cases, as a means that can be used to prepare bail money, a reversion system by the association (private group) can be used.
There are several types of associations, for example, the Japan Bail Support Association issues not only the guarantee described below, but also transfers bail deposits.
In the case of the Japan Bail Support Association, if a person concerned with the accused applies for a transfer of bail to the association, and if the association examines it and determines that the transfer is possible, the relationship between the person concerned and the association It is in the form of entering a contract for reversion and transferring the reimbursement fee to the lawyer from the association. After the deposit has been refunded, the system has a system in which the lawyer returns the proceeds to the association again. For details, please refer to the web page of each association.
In the past, bail bonds were usually paid by the accused and their relatives, spouses, employers, etc. However, since summer 2013, bail guarantee insurance has been issued by the Japan Bar Association in some areas. The system is being implemented.
The bail guarantee insurance system refers to the National Association of Bar Associations, where the defendant’s lawyer, relatives, and other related parties apply for the deposit paid by the applicant, and the National Association of Bar Associations provides joint guarantee It is to do.
As an alternative to paying a bail deposit, you may submit a securities bond or a bail guarantee for a person other than the accused in lieu of a bail deposit (Article 94, Paragraph 3 of the Criminal Procedure Code). Therefore, if you can not prepare a bail deposit, you may consider covering it with this.