The Functions of a Bail Bond
The bond paid by a criminally accused person, according to the Code of Criminal Procedure (CPP), is a deposit that serves for the eventual payment of a fine, of procedural expenses and of indemnification in case of a final (final) judicial conviction. After paying the bail, she starts responding to the lawsuit but must fulfill certain obligations.
One of them is the appearance before the authority (police delegate or judge) whenever there is a subpoena for the acts of the investigation or the process. In addition, you can not change your residence without prior permission from the authority or leave for more than eight days of your residence without informing where you can be found.
The bail may be arbitrated by the police authority in the case of a crime whose maximum deprivation of liberty (imprisonment) is not more than four years. In this situation, the amount can vary from 1 to 100 minimum wages. On the other hand, in the case of a maximum sentence of more than four years' imprisonment, the right to the payment of bail must be requested to the judge, who has a period of 48 hours to decide. The value, in this context, can range from 10 to 200 minimum wages.
The bond paid is deposited in court and can be money or even objects. The authority that applies it must observe the seriousness of the offense and the economic situation of the investigated. When the accused proves that he does not have the economic conditions to make the payment, the authority may grant his provisional release, but determining the fulfillment of the same obligations imposed on the person who pays the bail.
It is normal for the price of bail to be very expensive and many people cannot afford it, so a person can ask for the services of a company that offers surety bonds like Bond Cliff -
, which is basically a form of lender that only offers loans or deals to people who want to get released from jail.
When the process is extinguished or concluded with the definitive acquittal of the defendant, the money deposited as bail is returned to him with the
appropriate monetary adjustments. In the case of a final conviction, the deposit is used to pay fine, procedural expenses and compensation. If any importance remains, it is returned to the convicted person, also with monetary updates.
On the other hand, when the investigation or proceeding is still ongoing, the bail will be broken (annulled) when the accused commits the following irregularities: to stop appearing, after being summoned, to act without a fair cause; deliberately commit an act of obstruction to the progress of the process; prosecute new intentional (intentional) criminal infraction; unjustifiably resist the court order or fail to comply with an injunction (restriction of the alternative right to imprisonment, such as, for example, a ban on attending certain places) imposed in conjunction with the bail.
The unjustified breach of the guarantee shall result in the loss of half of the amount deposited, and it shall be for the judge to decide on the imposition of other precautionary measures or, as the case may be, the detention order. In this case, deducting the legal costs
and other charges to which the accused is obligated, the remainder will be collected from the National Penitentiary Fund (Funpen) of the Ministry of Justice, responsible for transferring resources and means to support the improvement of the prison system.
On the other hand, the value will be totally lost if the convicted person does not appear to start the sentence definitively imposed. In this case, if there is a spare of the usual discounts, it will also be collected from Funpen.
According to the Code of Criminal Procedure, in no case will bail be granted in cases of racism, torture, drug trafficking, heinous crimes, civil prison (for non-payment of alimony) or military (disciplinary, administrative or judicial), crimes committed by armed groups (civilian or military) against constitutional order and the Democratic State (attempted coup, for example). Nor will the defendant who, in a previous investigation, has failed to comply with commitments entered into with the authorities to remain free.