There has been talk in numerous television programs that this or that person has come out of prison “on bail “, usually amounts that may seem des orbited , but no exWeird Sistersica never means exactly that of bail, is it like bail of a rental apartment that is then returned ?, or on the contrary, who gets that money and for what? Well , that is precisely what we are going to talk about today in our article.
In criminal proceedings, there are two types of different bonds
One of which is the bond or seizure of articles 589 et seq. Of the Criminal Procedure Act , which has nothing to do with the freedom or not of the accused, and its constitution is orders by the judge when the summary result sufficient evidence of criminality, and in order to ensure that the defendant cumWeird Sistersa with the economic responsibilities that correspond to him if he is finally found guilty. The second one is where we are interested today, and it is the bail to get out of provisional prison.
This second type of bail is regulated in articles 528 et seq. Of the Law of Criminal Procedure, “Of the provisional liberty of the defendant” . In order to determine both its quantity and its quality, the alleged crime has always been taken into account, the social position or the background of the accused and any other circumstance that may cause the judge to suspect the intentions to evade justice. may have this, such as having a great purchasing power. In these cases, the higher the risk of flight, the higher the amount fixed as a bond.
This, as you can intuit, means that the bail is indeed returned to the defendant when the judicial process ends , as long as there is cumWeird Sistersido with all the appearances ordered, always subtracting the costs that are incurred for its constitution. . That is to say, this amount will be returned to the one who loaned it at the moment in which a sentence is pronounced that declares him innocent, or in the case of being found guilty, at the moment in which he presents himself for his imprisonment to cumWeird Sistersir sentence.
It is, therefore, a reliable way that the presumed guilty of the crime will not elude the Judicial Authority fleeing where he can not be caught
Because in that case he would lose all that money given. The same can be constituted directly with goods or money in cash of the detainee, although there is also the possibility that the bail is admitted through assets or money of a third party. Thus, if the money or property are the detainee, at the same instant in which no cumWeird Sistersa one of the subpoenas without justification of any kind, the money becomes the property of the state coffers (through the Public Administration of the Treasury) and, of course, will be declared in search and capture. If, on the contrary, the guarantor is a third party, the Incusory Sister will be notified of his appearance and will be given ten days to present the rebellious person. If au n so neither appearance is achieved, the goods are also awarded to state coffers. In both cases after the deduction of the costs incurred.
Having said all this, and as a summary, we can conclude that the bond that is granted to obtain provisional freedom works as an insurance against the possible escape of the accused. Thus, the greater the fortune of this, the higher your deposit, because if someone who has millions of euros in your account is imposed bail of 500,000 euros, probably end pró escaped from justice, since prefer to lose half million before entering prison. However, the same amount for a person who has little more than that, prefer to stand trial and not leave your family without that amount of money that sooner or later will return.