The other day, a former baseball player,, was released on the bail and there was news that he had paid a ¥ 5 million bail deposit.
I think that many people have the question, “What is a bail deposit?”
I will explain in detail the bail deposit this time.
What is a bail deposit?
It is called “arrest” or “detention” to commit a crime (or be suspected to have committed a crime) and be detained by police officers or prosecutors. The means by which this personal restraint is released depends on the stage.
Stage before prosecution
Prosecution refers to the process of proceeding from the investigation stage to the trial stage, but at the prosecution stage, it is not possible to take any sort of procedure for arrest and release the restraint. On the other hand, if you are detained after being arrested, you may be able to request release from personal detention by taking the procedure “Semi-Admissive for Detention.”
Stage after prosecution
At the post-indictment stage, you can seek release from personal restraint by taking procedures such as “stop execution of detention” or “bail”. Here, “stop of execution of detention” means that temporary restraint is suspended due to temporary necessity (for example, participation in a relative’s funeral, urgent need to go to a hospital, etc.) Say
On the other hand, bail is a system that suspends enforcement (not temporarily) and releases physical restraint while leaving the effect of detention in law. If you ask for a bail, the court will examine the fear of escape and the threat of securitization, etc. If it is recognized that these do not exist, a decision will be issued to allow bail. If the court makes a decision to allow bail, a bail deposit will be determined at the same time (Criminal Procedure Code Article 93, paragraph 1). If you are released from your personal restraint, you may not appear on the trial date, or you may become unknown. Therefore, under the law, in order to secure the appearance of the trial date, etc., the psychological burden for escape is given (without fear of misunderstanding, in a humanistic manner), and the bail deposit is to be paid to the court.
the effect of paying a bail deposit
Since a bail deposit is always required when making a decision to allow bail, payment of a bail deposit is a condition for breaking the body’s restraint.
In other words, if you decide to forgive bail, you can go home if you pay a bail deposit, you can go to work or school, etc. There are certain conditions, but basically you are free to live. can.
Conversely, if you do not pay a bail deposit, execution of the detention will not be suspended even if you decide to allow bail. In other words, you can not leave the penal institution, you can not work freely and you can not live freely with your family.
How to pay a bail deposit
Normally, at the stage of making a bail request, the expected amount as a bail deposit will be transferred to the account designated by the lawyer, and if it is decided to allow the bail, the lawyer will take cash and pay it to the accounting department of the court..
You can also pay to the court by electronic payment method, but it takes time to check the payment, so it will delay the release from physical restraint accordingly.
Is a bail deposit returned?
Basically, a bail deposit will be returned.
However, the bail may be canceled in the following cases, and the court may decide to forfeit all or part of it.
When you are asked to appear in court but you do not appear without justifiable grounds
When we violated residence restrictions that the court established
In addition, after the bail is sentenced to punishment and the judgment is finalized, all or part of the sentence may be confiscated when it is called for execution and does not appear without a justifiable reason or escapes. Become.
However, if there is no such circumstances as above, even if a conviction or a prison sentence, you can receive a refund (return) when the sentence is given or when the decision is finalized.. There are also procedures for accounting within the court, but you can receive a refund from a couple of days to a week after the decision.
How is the amount of bail deposit determined?
The amount of the bail deposit must be considerable enough to guarantee the appearance of the accused, taking into consideration the nature and condition of the crime, the proof of the evidence, and the nature and property of the accused (Criminal Procedure Law) Article 93 paragraph 2). In practice, the judge will make decisions in consideration of the living environment of the accused, and the presence of an underwriter.
For example, if you commit a serious crime and there is a good chance that it will be recognized in a trial, you will be more likely to go to jail, and you will be more motivated to run away from the trial. In such cases, the amount of the bail deposit will also be high.
In addition, even if the defendant has billions of assets, it is possible that the defendant may throw it away and escape even if he is allowed to pay 2 million yen. A bail deposit of an amount (for example, tens of millions, hundreds of millions of yen) will be set to defuse the escape.
On the contrary, there is no reason that the accused’s assets and income are particularly high, and it is common that the amount of 2 million yen to 3 million yen is often set when the suspension of business is expected. I think that is a sense.
Basically, the bail deposit is decided by the judge in his office, but as a matter of fact, bail is permitted unless the accused or his or her relatives, or friends, etc. can procure the amount. Even, I can not stop the execution of the detention. Therefore, in practice, lawyers discuss the scope of payment with the client, interview with the responsible judge in advance, and negotiate that permission will be obtained within that scope.
It is said that the market price of bail deposit is about 1.5 million yen to 3 million yen in general cases.
However, as mentioned earlier, the amount of bail deposits varies widely depending on the nature of the crime and the condition of the person’s assets.
what to do if you can not pay bail
If you can not pay a bail deposit, you will not be released from restraint even if you decide to allow bail. However, there may not be so many people who can make a large sum of ¥ 150,000 to ¥ 3,000,000 at one time.
For such people, the Japan Bail Support Association and the Lawyers’ Cooperatives, etc., operate a system called the Bail Bond Guarantee Scheme.
The bail bond replacement system is a system in which these groups prepare bail bonds on behalf of the accused and related persons. Simply put, it is a system that lends money only for the purpose of paying a bail deposit.
This system is useful when you can not prepare a bail deposit immediately. The examination is slower compared to loans from banks and so on, and it is a relatively easy operation for large-scale repayments.
However, this system has the following disadvantages.
The first disadvantage
A family member other than the person is required to apply, and if the bail deposit is confiscated, the family who made the application is obliged to repay the bail.
The second disadvantage
Fees are often set higher than loans from banks etc. The longer the bail period, the more burden the fees will be. This fee does not return even if the bail deposit is returned.
Therefore, when using this system, it is necessary to carefully consider the risk of confiscation of a bail deposit and the risk of having to extend the bail period and bear the fee over a long period of time.
Being detained by police detention facilities and prisons and unable to live freely is physically and mentally more painful than you might imagine. I think it is normal to think that you want to go out as soon as possible. However, it is necessary to pay a large amount of money to bail, and there are disadvantages to the replacement system.