By: Magna Carta Law Office

  

 

A suspect or alleged offender is presumed innocent until proven guilty.  Anybody charged with a criminal offense shall be admitted to bail as a matter of right, with sufficient sureties as prescribed by law before judgment is passed by the court.  A bail bond is one method used to obtain  a temporary release of an accused person awaiting trial upon criminal charges from the custody of law enforcement officials, sometimes on condition that a sum of  money or other form is lodged to guarantee their appearances in court on scheduled dates.  If the suspect is proven not guilty, or appears for imprisonment upon being found guilty, the Court will order the bail bond returned on the day the judgement is read without the need to submit a request.  If the alleged offender escapes, or otherwise fails to appear in court, the bail is forfeited.         

 

In many cases, when the suspect cannot raise the bail themselves, they hire a bail bondsman to pledge the security to the court.  A bail bondsman can be any individual, juristic person, or entity that acts as a surety and pledges money or assets as bail to ensure the future appearances of a suspect in court.  

 

The judge will decide whether the suspect is eligible to be released on bail and at what cost.  The minimum bail amount may vary because the amount of bail for each case is set by the presiding judge of each jurisdiction, considering each particular criminal action and its evidences.  A written request must be submitted by a bailsman to the investigating officer, who will ask for particular documents. The result of the bail review shall be announced within 24 hours.

In Thailand, there are 3 guarantee categories when submitting a request for a temporary release:

Using assets (title deeds, bank accounts, etc.)

Using cash

Using the employment status of a public official

(Government, Police, Military, Political officials and State Enterprise Employees may be used as Bail Bondsmen wherein bail rates are set from 60,000 Baht up to 800,000 Baht depending on one’s position) 

In considering a temporary release, the court shall use the following criteria:

Seriousness of the offense

Sufficiency of the existing evidence and the credibility of the witness

The trustworthiness of the person filing the request or the guarantee given

The likelihood of the alleged offender to escape, to create danger caused if released, and to destroy evidence or threaten any key witness

Existence or non-existence of an objection by an inquiry official, public prosecutor, plaintiff or witness

  

If the provisional release is ordered, the court will issue a receipt for the asset or for the amount of cash posted as a guarantee along with an appointment letter.  The bailsman shall be bound to sign a guarantee agreement in which he ensures to bring the suspect to court on the date of the appointment.  Failure to comply shall subject the bailsman to penalty as provided for in the agreement.