– Arrangement of Bail
Article 132 – If need be, in order to access the defendant and secure their on-time appearance, and to prevent him or her from absconding, hiding, or collusion with others, the judge is required to issue one of the following criminal grants of bail after the accusation is clearly explained:
1- Recognizance to appear on parole.
2- Recognizance with pledge to appear until the end of trial and implementation of the sentence and in case of refusal, it will be changed to recognizance with deposit.
3- Obtaining a bondsman with deposit.
4- Obtaining a bail such as cash, bank surety bond, moveable and immovable property.
5- Temporary detention subject to observance of the conditions stipulated in the law.
Note - The judge is bound to explain to the bondsman or surety (in cases that the surety is different from the accused) while issuing the grant of the bonds or pledge. If the accused is called, but does not appear – and s/he lacks a valid excuse or is not introduced by the bondsman or surety – the judge will act according to the law to obtain the deposit or confiscate the pledge.
Article 133 – Based on the importance and the evidence of the crime, the court can also arrange to prevent the accused from leaving the country. The validity of this arrangement is six months and if deemed necessary by the court, it can be extended every six months. This arrangement can be appealed for a review within 20 days from the date of issuance at the Province Court of Appeal.
Note – In case the issuing authority cancels the bail or the Court of Appeals disaffirms it, or the issuance of it is barred from prosecution, or suspension of pursuit, or if the accused is found innocent, the Trial Court is bound to inform the respective authorities immediately.
Article 134 – The arrangement of bail shall conform to the importance of the crime, intensity of the punishment, reasons and evidence of the crime, possibility of the accused absconding, destruction of evidence of the crime, background of the accused and health condition, the age and the prestige of the accused.
Article 135 – The bail is accepted from a person whose ability to pay the bail is not questioned by the issuing judge. In case of the accused absconding or inaccessibility, and when the presence of the accused is necessary, the bondsman is bound to pay the bail.
Article 136 – The amount of bail or deposit or pledge should not be less than the losses claimed by the private claimant.
Article 137 – The judge will issue the arrangement with regard to the acceptance of the pledge or bondsman, and will sign it after it is signed by the bondsman or the surety, and then will provide the bondsman or surety with a copy upon their request.
Article 138 – The accused, for whom an arrangement for surety or bond is issued, will be arrested if s/he is incapable of introducing a bondsman or the bail.
Article 139 – If the accused has appeared on all due dates and trials or after them, but could have presented a valid excuse [for not appearing] or if the case is closed, the pledge is returned, or the bondsman is free from any obligation.
Note 1 – The surety or bondsman can request the release of the bail or disclaimer at any stage of the prosecution when introducing and surrendering the accused.
Note 2 –The arrangement for bail is cancelled whenever the accused or defendant is present at all requested appearances, and once the criminal punishment begins, the suspension of the arrangement is confirmed.
Article 140 – Whenever an accused that has been given recognizance or bail does not appear when necessary without a valid excuse, the recognizance deposit will be obtained by the director of the District Court, and the pledge is confiscated. If a person bails the accused and puts up a bond, and the accused does not appear, the bondsman or surety will be warned to surrender the accused within 20 days, if not and upon an actual notice of the director of District Court, the recognizance deposit will be obtained and the pledge confiscated.
Article 141 – If it is proven that the surety or the bondsman has not provided the real address to the bail authority or has changed his or her address in order to make the receipt of notices impossible, a legal notice to gain the recognizance or confiscation of the pledge is sufficient.
Article 142 – Requesting the surety or the bondsman to present the accused is prohibited, unless the presence of the accused is essential for the investigations, trial, or implementation of the punishment.
Article 143 – The accused, surety and the bondsman can submit a complaint to the Court of Appeal within 10 days of the notice of the director of the District Court regarding the payment of the recognizance or confiscation of the pledge in the following instances:
A- If they intend to prove that the accused has been present, they or a third party must have surrendered the accused at the time of the due date.
B- When they intend to prove that the accused could not attend or the surety could not surrender him or her due to one of the reasons stipulated in article 116 of this Code.
C- When they intend to prove that the accused has passed away.
D- If they intend to prove that they have become insolvent after accepting the bond or recognizance.
Note – The court will review the complaint in all of the above instances without prior appointment and without formality. While the executing actions have not been stopped or the court order has not been issued to the benefit of the surety, bondsman or the accused, the actions will be continued, and in case of issuance of a sentence to the benefit of the objector, the confiscated and obtained money and properties will be returned.
Article 144 – If the court order for the prohibition of prosecution or suspension of the prosecution, or the innocence of the accused is promulgated, or the case is closed for any reason, all the bail arrangements are cancelled. The respective judge is bound to remove the bail arrangement.
Article 145 – In cases where the accused has not been presented or is convicted, acquitted, or the loss of the private claimant will be gained from the bail, it will be paid, and the rest will be confiscated for the benefit of the government.
Article 146 – If the convicted person is charged a cash penalty or the amount of the loss of the private claimant, in addition to the imprisonment, and the total sentence is less than the obtained bail, then the total sentence is paid from the valedictory recognizance or the bond or the pledge, and the rest is returned; then the sentence is considered performed.
Article 147 – The arrangement of bail shall be communicated to the accused. If the order leads to his or her arrest, the type of arrangement is mentioned in the dispatch note. If the accused is detained to avoid collusion, that should also be mentioned in the dispatch note.
Note – If the issue for arrangement can be appealed, the issuer is bound to explain this to the accused and record it in the file.
