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In the context of the temporary release of a suspect, the court may impose the fulfillment of certain conditions. One of these prerequisites is the payment of a bond, the amount of which is determined by the judge.
Cautions for provisional release
The bail for provisional release requested as part of the temporary release of a suspect must be filed with the French public sector financial institution.
To this end, the funds claimed must be deposited in the account of French public sector financial institution, on the basis of payment instructions previously communicated by the public prosecutor’s office.
The eventual repayment of a suspect’s provisional bond will depend on the final decision of the competent criminal court in the suspect’s file:
Either the final decision is positive: the bond is released (after deduction of court fees and fines)
Either the final decision is (partially) negative: the security is vested in the Belgian State in the event of non-compliance with the conditions imposed on the person concerned, or of evading his obligations arising from the procedure.
If the judge has not decided on the fate of the surety, it is necessary to obtain the agreement of the public prosecutor for the release of the recorded funds.
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