Bail & Bail Bonds

Bail and Bail Bonds

The fear of incarceration is a common concern, particularly among those unfamiliar with the Thai legal system. In Thailand, the law allows for the posting of bail or bail bonds (referred to as “Security”) as a means to obtain what is known as “provisional release.” Many foreigners are apprehensive about navigating the Thai legal system, largely due to a lack of understanding. If you are facing a criminal charge in Thailand, know someone who is dealing with legal issues, or simply wish to educate yourself about Thai law, we recommend reading this article.

The Criminal Code of Thailand is designed to be straightforward and clear in its application of provisions. It is crucial, therefore, to seek the assistance of a legal professional immediately if you find yourself facing legal challenges in Thailand. Bail or Bail Bonds are a common recourse in such situations. Should you be accused of a criminal offense, your lawyer might suggest posting bail or securing a bail bond to avoid arrest and pre-trial detention. It's important to note, however, that not all offenses are eligible for bail.

Bail and Bail Bonds: Definition

According to the Thai Criminal Procedure Code, Section 106: An application for provisional release—whether on one's own recognizance, with bail, or with bail and security—can be initiated by the accused or defendant, or by any interested party. This application can be made regardless of whether the individual is restrained or detained by a judicial warrant by the accused or defendant himself or by any interested person as follows:

• Where the accused is restrained and a charge against him is not yet entered in court, the application shall be made to the inquirer or public prosecutor, as the case may be.
• Where the accused is detained by virtue of a judicial warrant and a charge against him is not yet preferred in court, the application shall be made to such court.
• Where a charge has been brought against the accused, the application shall be made to the court of first instance trying such case.
• Where a judgment of the court of first instance or court of second instance has been pronounced, even if any appeal is not yet lodged with the court of second or court of last resort, or where any appeal has been lodged with the court of second or court of last resort, but the file is not yet forwarded to such court, the application shall be made to the court of first instance having tried the case. Deeming appropriate, the court of first instance shall, by order, grant the application. Otherwise, the court shall forthwith forward the file to the court of second or court of last resort, whichever applies, for its decision.
• Where the file has been forwarded to the court of second instance or court of last resort, the application may be made to the court of first instance having tried such case or to the court of second instance or court of last resort, as applicable.

What to Consider Before Applying for Bail

A person cannot automatically pay the bail, -they must file a motion in the court and get permission for bail first. The following provisions must be taken into account when applying for a bail:
The Thai Criminal Procedure, Section 108: “In deciding an application for provisional release, the followings must be taken into account:

• The gravity of the charge.
• The existence of the evidence.
• The circumstances of the case.The reliability of the applicant or of his bail or security.
• The likelihood of the accused or defendant absconding.
• The danger or injury which might ensue from the provisional release.
• Any objection by the inquirer, public prosecutor, prosecutor or victim, as the case may be, in the event that the accused or defendant is detained by virtue of a judicial warrant.”

Three Kinds of Security

The Thai Criminal Procedure, Section 114:
“Where a provisional release is to be granted with bail and security, the applicant shall be required, prior to the granting of such release, to provide the security demanded

• A deposit of cash.
• A deposit of other financial security.
• A person binding himself as a bail bondsperson by declaring his financial security.”

Prior to the release of the person, they must first provide the security in the form as stipulated above. The court will determine whether a bail is enough or bail and security is requisite. This is considered on a case-by-case basis.

Rejection of Bail

According to Thai Criminal Procedure Code, a rejection of bail may take place if one of the following circumstances exists:

• The alleged offender is likely to escape
• The offender tampered with evidence
  
• The alleged offender is likely to cause injury to another person
• The person filing for a provisional release or the security he offers is not sufficiently credible
• The provisional release will obstruct the inquiry of the officials or the trial in court
  

If the grant of a provisional release may endanger a key witness, such witness may file a motion of objection to the court.

Summary

The complexity of bail and bail bonds in Thailand necessitates a detailed discussion to fully understand the nuances. It is crucial to seek advice from a lawyer or legal expert to ensure you receive accurate information and comprehensive guidance. This knowledge is not only vital for your immediate needs but also empowers you to safeguard your rights in any unforeseen circumstances.

Life's journey is fraught with challenges, but it's important to remember that support is always available. At Juslaws & Consult, we are committed to standing by your side, offering the necessary consultations and legal advice when you need it most. Our team of experienced lawyers has successfully managed and assisted clients with numerous bail cases in Thailand. Whether you seek to broaden your legal understanding or need specialized advice, we encourage you to reach out to us without hesitation.