Operation of the judicial bond for financial crime
The operation of the judicial bail for financial crime revolves around the allocation of funds, their deposit and their possible recovery.
The legal guarantee is part of the judicial review measures. As such, it aims to reconcile individual freedoms and protection of society by forcing the accused to respect certain rules. Criminal bail then makes it possible to ensure that the accused will appear in court at each stage of the proceedings, this is called representativeness. Part of the deposit is then assigned. The second part of the deposit is allocated to the payment of the fines as well as the damages and interests if it is necessary. This part is kept pending the judgment and can then be used to pay fines or damages.
To fulfill its objectives, the surety is registered during the entire judicial review, until a judgment is rendered.
The portion of the bond allocated to representativeness will be vested in the State if the person is sentenced and has not satisfied all the obligations of the judicial review, the trial or the execution of the judgment. In the event of conviction, the second part of the bond will be used to pay the fine or damages. It may be used in particular to repair the damage caused by the accused or to pay a debt.
The recovery of the deposit is possible in some cases. In the first place, the party assigned to representativeness can be recovered, even in the event of conviction. The respondent can then recover it if he has satisfied all his obligations of judicial review, of trial and that he has submitted to the execution of the judgment. However, it happens that despite the respect of these conditions this part of the deposit is kept to complete the second part of the deposit being insufficient.
This first part of the bond is always recovered if the accused is not convicted, even if he did not respect the obligations of the judicial review.
In the case where the defendant is not convicted, he also recovers the second part of the deposit. This second part may be partially recovered when the defendant is convicted but the full amount is not required for the payment of fines or damages