Bail is the option provided for in the Criminal Code for a person to be released from criminal liability.
During a pre-trial investigation, a decision on the release from criminal liability on bail is passed by the prosecutor and approved by a pre-trial investigation judge. If the case is already in the stage of the judicial hearing, then a decision on bail is passed by the court hearing the case.
The law provides for that bail may be imposed when the entirety of following conditions is met:
1. There is a request by a person worthy of a court’s trust to transfer the offender into his/her responsibility on bail;
2. The offender has committed a criminal offense, careless or mild or semi-severe crime for the first time; 3. He fully confesses his guilt and regrets having committed the criminal act;
4. At least partly compensates for or eliminates the damage incurred or undertakes to compensate for such where it has been incurred;
5. There is a basis for believing that he/she will fully compensate for or eliminate the damage incurred, will comply with laws and will not commit new criminal acts.
The adoption of a decision on the imposition of bail is the right of the prosecutor and/or the court but not their duty. Formally, even if all the requirements established by law are met, a decision on bail can be negative; therefore it is very important to properly prepare documents and the participants of the proceedings since this has a significant effect on the successful outcome.
If the conviction has expired, in this case, bail is possible.
No, the person released from criminal liability on bail does not acquire conviction.
The law provides for a term of bail of 1-3 years. If a new criminal offence is committed within this time limit, then the decision to release from criminal liability on bail may be revoked, and the person may be prosecuted for all the offences he/she has committed.
Bail may be set with or without surety. In practice, a surety is applied extremely rarely and only in exceptional cases. Bail is more of a moral obligation to the bailsman to positively influence the behaviour of the offender in order he/she would not commit new criminal acts in the future.
No, he will not.
No, he will not.