Bail as one of the measures for ensuring the presence of the accused at trials is an instrument that in exceptional cases can bring financial benefit to the state if the accused does not respect the agreement and flee according to criminal defence law firm toronto.
According to the provisions of the Criminal Procedure Code, bail can be a path to freedom only if the accused has been remanded in custody due to the danger of absconding.
When it receives a proposal for bail, the court then determines whether the legal conditions for accepting that type of guarantee are met. Bail can be accepted only when detention is ordered solely because of the danger of absconding. If the detention is determined on other grounds, it is not possible to talk about bail.
The bail procedure begins with a court decision on the amount of bail.
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The bail is based on the amount of money determined by the court, considering the gravity of the criminal offense, the personal and family circumstances of the defendant and the financial situation of the person who gives it. The deposit consists of depositing cash, securities, valuables or other movables of higher value that can be easily cashed or in the form of a mortgage on real estate.
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The person giving the bail is obliged to submit evidence of his property status and ownership of the property he offers as a guarantee to the court. Defendant’s detention is terminated if he personally or someone else provides bail for him with the obligation that he will not escape until the end of the criminal procedure, and the defendant himself promises that he will not hide and that he will not leave his residence without permission. There are no rules when the president of the council will assess that the amount of bail is a strong enough guarantee that that person will not escape.
In the event that the defendant escapes, the bail given goes to the judicial budget, while it is returned to the defendants in cases where a verdict of acquittal is handed down, the proceedings are suspended or when the accused goes to prison.
Bail is revoked if the defendant commits another crime while at large. The court issues a decision revoking the bail, and the deposited money is returned or the mortgage is revoked. Also, this guarantee loses its force the moment the defendant does not respond to the summons and does not justify the absence. In this case, the bail is revoked, and the defendant is ordered into custody.
The measures that can be taken against the defendant to ensure his presence and to conduct the criminal proceedings without hindrance are: summons, bringing, supervision measures, bail and detention. Bail as one of these measures can be considered only after the judicial authorities have used other measures.
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