Think that many of the accused persons who have been arrested / prosecuted in a criminal case have seen the news that they were bailed by paying bail money of ¥ 0.00 million.
At that time, “What is bail in the first place?” “When is bail permitted?” “The amount of bail differs depending on the person, but what is the basis for that?” Etc. There may be those who have questions of
Therefore, I would like to comment on bail this time.
What is bail
Bail means temporarily releasing the restraint of the accused in custody, subject to the payment of a deposit. If you are arrested and detained for having caused a criminal case, and you are indicted for a formal trial, you will be subject to a criminal trial as a accused person.
It may take at least a month, or several months to nearly a year if you are competing for factual cases, before the criminal trial is held and the judgment is given. Bail is a system that releases the accused of the accused during this time.
The difference between “release” and “bail”
In addition to the case of “paying $ 0.0 million in deposit money and bailing” for things often seen in the news, “the court has been released after dismissing a detention request by the Prosecutor’s Office” and “disposition” In some cases it was released with a hold.
There is a clear difference between this “release” and “bail”. It depends on the time and purpose of the detention.
Suspects arrested for guilty are subsequently detained in order to prevent them from running away or destroying evidence when investigating a case. Conversely, if there is no risk that the suspect will escape or there is no risk of trying to eradicate evidence, there is no need to detain.
In the news, “The court rejected the detention request by the Prosecutor’s Office” means that the court determined that the suspect does not need to be detained because there is neither a risk of escape nor a threat of evidence eradication.
In addition, if you can not find any evidence to prove that you were guilty of the investigation during the detention period, release the suspect because you can not continue further physical restraint. There will be only one.
On the other hand, when prosecuted for a formal trial, the investigative agency has collected enough evidence, so it is usually not conceivable to try to eradicate the evidence.
Nevertheless, the fact that the accused (whose name will be “defendant” when the suspect is indicted) will be detained even after being accused is that it must be put in court, that is, escaped In order to avoid.
Then, there is no need to continue detention if you are sure to appear in court without running away. Therefore, a system that temporarily suspends the detention of the accused and releases his identity will be called bail.
There are two types of this bail.
When it comes to bail, I think that many of you have an image in which the accused is exceptionally released, but in criminal law the principle is to admit bail in principle. Bail is the right of the accused, and any accused detained can apply for bail.
And, if the court decides that the accused’s bail is not a problem, it will be released by paying the bail that the court establishes. Bail, which is the right of such accused, is called “right bail.”
However, bail is not permitted under any circumstances, and the court is said to be able to dismiss a bail request in the following cases. In case of guilty of imprisonment or imprisonment of death penalty, indefinitely or short term more than one year. In the past, there have been convictions for crimes punishable by imprisonment or imprisonment for life imprisonment, indefinitely, or for a long period of more than 10 years.
As an addiction, if you commit a long-term prison sentence or imprisonment for more than three years When there is a fear of crime seal eradication If there is a risk of harming the victim or witness. When the name or address is not clear
Bail may be granted at the court’s discretion even if the accused does not meet the bail requirements and the bail is not granted. This is called discretionary bail.
In practice, much of the bail is permitted by discretionary bail.
Flow of bail
The bail can be filed for the accused, the legal representative, his / hers, the spouse, immediate relatives or siblings, but basically the counsel does it. It is only when the suspect is charged that he can apply for bail.
When applying for bail, the accused’s family (parents, spouses, etc.) is taken as the underwriter, and “if bail is permitted, I will assume the accused’s physical position and the trial date etc. We will create and submit a “Delivery Letter” which will be issued. Even if the accused had a problem while on bail, the claimant would not be held liable.
Public prosecutor’s opinion
The court is supposed to hear the opinion of the public prosecutor in principle before deciding whether to allow bail.
Based on the bail application and the opinion of the public prosecutor, the court decides based on the case whether to allow or deny the bail.
Bail amounts and bail restrictions specified
If the court grants bail, the bail amount and the bail limit will be specified.
Payment of bail
Bail will be released when the amount of bail designated by the court is paid to the court.
Criteria for determining the amount of bail
It is reported in the news that when celebrities or company presidents are released on bail, they are bailed by paying a large amount of bail such as “Bail money: ¥ 100,000 yen.” So how is the amount of bail fixed?
Weight of assumed judgment
First of all, when deciding the amount of bail, the weight of the supposed judgment will be the judgment standard. The risk of escape is considered to be higher in the former, when comparing the crime that may increase the sentence and the crime that does not. Therefore, in order to prevent the accused from running away, it is necessary to set the amount of bail money high.
In addition, economic power such as the property and income of the accused is also a criterion. This is why the bail money paid when celebrities and company presidents are released on bail is set high. For example, if there are hundreds of millions of yen in assets, but the bail money is millions of yen, it will not hurt or hurt if you were taken away (we will explain about the fortunes later).
So, in such a case, it is meaningless unless you let me pay the amount of money that would be a big hit if I was taken away. On the other hand, if you do not have much property or income, even if it is several million yen, it is a large sum. In this way, the amount of bail is set in such a way as to be a big hit if it is taken away, taking into consideration the economic power of the accused.
If the court allows bail, it has specified certain restrictions.
The general limitations are as follows:
- When called from the court, always appear.
- Obtain court permission when changing addresses.
- Obtain a court’s permission in advance for long-term business trips or trips overseas.
- Do not contact the victim directly.
- No contact with incidents such as accomplices and witnesses.
In addition to these court-designated restrictions, you are basically free to act.
Bail cancellation and bail deposit
In the following cases, the court may cancel the bail, and all or part of the deposit will be taken away.
- If you do not appear without a good reason
- When it escapes or there is a risk of escape
- If you have destroyed the threat of crime or there is a threat of destruction
- When there is a risk of harming the victim or witness or may cause harm
- In violation of bail conditions such as housing restrictions
- If bail is withdrawn, the accused will be imprisoned.
- Conversely, if you do not fall into any of these bail cancellation grounds after being released, the bail will return in full.
About Japan Bail Support Association
Finally, I will introduce the Japan Bail Support Association. There are cases where you may not be able to prepare bail for financial reasons, although you want to apply for bail.
In such cases, it is possible to use the bail replacement system by the Japan Bail Support Association.
The Japan Bail Support Association is aimed at supporting a defendant who has poor financial resources, so it can be said that there are great benefits for those who can not prepare bail for financial reasons. But there is also a disadvantage. That is, “Because a person other than the accused is a contractor, and if the bail is taken away because the accused has escaped, the contractor will be obligated to repay in full” It is.
I think that some of you may apply for a bail replacement to the Japan Bail Support Association, thinking that the accused has been arrested for a long time since being arrested, but if that is the case betrayed If the bail is taken away for the reason that the accused escapes, etc., you will have to make a full repayment to the Japan Bail Support Association.