- What is an application for provisional release to the court?
Such application is for provisional release without bail, or with bail, or with bail and security Submitted to the court to consider for a release of an accused or a defendant for specified period of time
- At what stage can the application for provisional release be made?
As follows:
2.1 stage where the accused or defendant being brought by the police or public prosecutor to the court, requesting for remand
2.2 stage of the trial in the court of first instance: after the public prosecutor files the charge with the court, and the accused becomes the defendant, the defendant may apply for provisional release to the court. In the case where private persons prosecute the case by themselves and the court accepts the charge, then the accused may submit an application for provisional release prior to the trial date, on the trial date, or after the date set in the writ of summons for appearance to defend his/her case;
2.3 stage of the appellate court: in the case where the defendant is sentenced to imprisonment of custodial sentence
By the judgment of the court of first instance, the court of appeal or a regional court of appeal, he/she may apply for provisional release before filing an appeal to any court of appeal or to the Supreme Court (dika), as the case may be, or at the same time, or even after the appeal or dika, if any. Each application for provisional release is effective only at the stage in which the order is granted. If the case moves to another stage such as from the court of first instance to any court of appeal, the new application for provisional release must be filed.
- Who is entitled to apply for provisional release?
3.1 An accused or defendant
3.2 Any interested person (eg. parents, descendant, husband, wife, relatives, person of superior rank, employer, related person by way of marriage, person to whom the court deems as proximate relationship as relatives or having any other relationship which the court deems expedient to apply for bail or juristic person (e.g. Company, limited registered partnership) in case the accused or defendant is a director, representative, agent, partner, staff or employee of such juristic person.
- What documents are required for application for provisional release?
Supporting documents for application for provisional release are follows:
4.1 personal identification card or government official identification card;
4.2 household registration book
4.3 if the applicant has a spouse, the additional documents are required as follows:
4.3.1 personal identification card or government official identification card and household registration book of a spouse,
4.3.2 certificate of marriage;
4.33 letter of consent from the spouse for application for provisional release;
4.4 In case where the name of the owner is not the same as that appears on the security, the following additional documents are required:
4.4.1 certificate of same person or certificate of change of name or family name; 4.4.2 certificate of marriage
4.5 If the accused or the defendant is a foreigner, passport must be shown.
If the applicant cannot submit some supporting documents on the date of the application, the applicant may ask for a late submission to the court.
- What security can be used to request provisional release for the accused or defendant?
5.1 Cash;
5.2 Any other securities as follows;
5.2.1 land deed, certificate of land utilization (nor sor 3 kor of nor sor 3)
5.22 government bond, government saving certificate, card or the-wee-sin saving lottery of the bank for agriculture and agricultural cooperatives, bill of exchange in which a bank is a drawee and guarantees such bill, promissory note issued by the bank or cheque issued by a bank as payer (cashier cheque), or bank guaranteed cheque;
5.2.3 fixed deposit passbook or saving slip from the bank;
5.2.4 letter of bank guarantee of bank certificate;
5.2.5 certification letter from the insurance company;
5.3 A person standing as a surety by declaring his/her valuable securities;
5.4 Governmental body under ministry of finance regulation in relation to legal assistance for government officer of government employee being criminal accused;
5.5 government officer, state enterprise employee, political officer or lawyer, may use the rank or position as security only for himself/herself or close relatives by using the rang or position for bail bond not more than 10 times of current salary or average monthly income;