Bail & Bail Bonds

Bail and Bail Bonds

Being incarcerated is one of the fears of men. In Thailand, the law stipulates that one can post a bail or bail bonds (also known as “Security”) in order to get a so called “provisional release”. Many foreigners fear the Thai Legal System because they lack of deep understanding about it. If you face a criminal offense in Thailand or if you know someone who is currently facing a problem related to this matter, if you would like to educate yourself about the Thai law then we suggest you to read this article.

The Criminal Code of Thailand is quite straight forward and direct when implementing provisions, therefore, it is best that when you are facing legal problems in Thailand, you immediately hire a lawyer to support and assist you.

Bails or Bail Bonds are not uncommon in Thailand, in fact, if you are facing a criminal offense chances are, your lawyer will propose you to pay the bail or provide a bail bond in order for you to not be arrested and incarcerated in jail. Of course not all offense are eligible for bail.

Bail and Bail Bonds is defined under the Thai Criminal Procedure

The Thai Criminal Procedure, Section 106:
“An application for provisional release, whether on own recognizance, with bail or with bail and security, of an accused or defendant, whether restrained or detained by virtue of a judicial warrant, may be made by the accused or defendant himself or by any interested person as follows:

• Where the accused is restrained and a charge against him is not yet entered in court, the application shall be made to the inquirer or public prosecutor, as the case may be.
• Where the accused is detained by virtue of a judicial warrant and a charge against him is not yet preferred in court, the application shall be made to such court.
• Where a charge has been brought against the accused, the application shall be made to the court of first instance trying such case.
• Where a judgment of the court of first instance or court of second instance has been pronounced, even if any appeal is not yet lodged with the court of second or court of last resort, or where any appeal has been lodged with the court of second or court of last resort, but the file is not yet forwarded to such court, the application shall be made to the court of first instance having tried the case. Deeming appropriate, the court of first instance shall, by order, grant the application. Otherwise, the court shall forthwith forward the file to the court of second or court of last resort, whichever applies, for its decision.
• Where the file has been forwarded to the court of second instance or court of last resort, the application may be made to the court of first instance having tried such case or to the court of second instance or court of last resort, as applicable.

Conditions to consider before appying for a Bail

A person cannot automatically pay the bail, he must file to the court and get judgment for bail first. Although the following must be taken into account when applying for a bail:
The Thai Criminal Procedure, Section 108: “In deciding an application for provisional release, the followings must be taken into account:

• The gravity of the charge.
• The existence of the evidence.
• The circumstances of the case.The reliability of the applicant or of his bail or security.
• The likelihood of the accused or defendant absconding.
• The danger or injury which might ensue from the provisional release.
• Any objection by the inquirer, public prosecutor, prosecutor or victim, as the case may be, in the event that the accused or defendant is detained by virtue of a judicial warrant.”

Three Kinds of Security

The Thai Criminal Procedure, Section 114:
“Where a provisional release is to be granted with bail and security, the applicant shall be required, prior to the granting of such release, to provide the security demanded

• A deposit of cash..
• A deposit of other financial security.
• A person binding himself as a bail bondsperson by declaring his financial security.”

Prior to the release of the person, he or she must first provide the security in the form as stipulated above. The court will determine whether a bail is enough or bail and security is requisite. This is a case-by-case basis.

Refusal of Bail

According to Thai Criminal Procedure Code, a refusa for the grant of bail if one of the following 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.

General Rule regarding the Bail

In Thailand, a person or alleged offender is still considered innocent until proven guilty. Any person who is charged with criminal offense shall be eligible for a bail as a matter of right of the person.

According to the 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.

The required minimum bail amount

The Minimum bail may vary case-by-case basis depending on the judge and the jurisdiction of the case. Most of the criminal cases presets the amount of bail depending on the crime committed, the remaining crimes are for those most serious crimes which the bail will depend based on the gravity of the crime committed. Example of the preset bail is a rape case where the preset bail amount is Two Hundred Thousand Thai Baht (200,000THB) 

Summary

There are still a lot of factors needed to be discussed in regards to the Bail and Bail Bonds in Thailand. It is better to consult it with a lawyer or a legal professional to make sure you are provided with the correct information and to also educate yourself so that you can protect yourself in case such incident occurs in your life.

Life is not always perfect, we may encounter hardships in life but always remember that there are people who is always willing to help. Juslaws & Consult is always here to assist and help you and to provide consultations and legal advice to those in need. Our lawyers have handed and assisted with Bails in Thailand. If you are one of those who want to be educated or requiring professional advice, then do not hesitate to contact us.