Penal Bond: In Case of Judicial Review

Penal Bond: In Case of Judicial Review

When a person under investigation risks at least a prison sentence, the investigating judge or the judge of liberty and detention (JLD) can place this person under judicial control (Article 138 of the Code of Criminal Procedure).

Good to know : from 1 January 2017, the judicial control must be ordered by the JLD or by the college of the instruction.

The judicial review may include the obligation to pay a bond. It is a sum of money that can be paid in several times.

The decision ordering the payment of the security must specify the amount and the time of payment. Amount and time of payment must take into account the resources and expenses of the Charged Person. These resources and expenses must be mentioned by the decision ordering the bond.

Bail to get out of prison: restitution

Bail to get out of prison: restitution

The first part of the criminal guarantee must be returned to the Charged Person if that person has attended all the proceedings, satisfied the obligations of the Judicial Review, and submitted to the execution of the judgment.

If this is not the case, the first part of the penal guarantee becomes the property of the State, or is used to pay the claim secured by the bond. Unless there is a legitimate excuse for the Charged Person, dismissal, or discharge, or acquittal, or exemption from sentence.

With regard to the second part of the criminal guarantee, if it is not paid to the victim of the offense or the creditor of a maintenance debt, it is returned to the Charged Person when the latter benefits from a non-compliance. place of absolution or acquittal.

Good to know : if the Charged Person is sentenced, the second part of the criminal bond is used for restitution, to repair the damage, as well as to pay the debts and the fines. If there is money left after these payments, this surplus is returned to the convicted person when the sentence is final.