In recent days, and with the coming and going of many politicians in Spanish prisons, we are hearing that several of them are avoiding it, for the payment of bonds. In this article we will explain the different types of bail that exist, as well as their purpose:
The deposit can be requested in cash or by securing movable or immovable property that has a known value and is easy to carry out. Bonds are bail monies paid by a bail bond company, which are available via lions bail bonds.
The amount of this will be fixed in the same car and can not lower one third more than all the probable amount of the pecuniary responsibilities. “
To be able to adopt this measure, some necessary legal requirements are demanded, such as the existence of indications in the actions that imply criminality against a person, that the injured party has not renounced the criminal or civil action, or reserved the latter, that is adopted in form of auto, and that the passive subject is the one investigated, prosecuted or criminally responsible for the facts.
The ordinary bond seeks to guarantee the payment of the costs of the proceedings and the civil sentence contained in the criminal judgment.
Article 589 of the Law of Criminal Procedure provides ” When the summary result indications of criminality against a person, will be ordered by the judge to provide enough bail to ensure pecuniary responsibilities that can ultimately be declared appropriate, decreeing in the same order the embargo of sufficient assets to cover these liabilities if I do not provide bail.
Types of ordinary bond:
Once the lawsuit is concluded if civil responsibilities are finally declared and the convicted persons must respond to them, they will be executed according to articles 613 and 536.
Bond for Complaint
Article 280 of the LECrim establishes ” The particular complainant shall provide a bond of the kind and in the amount fixed by the Judge or Court to answer the results of the trial.”
The purpose of this bond is to ensure compensation for the pecuniary liabilities of the complainant, a condemnatory judgment in costs or acquittal.
The offended parties or their heirs and legal representatives, the widow or widower, ascendants, descendants or collaterals in cases of homicide or murder offenses are not obliged to provide this type of bail.
Really who is obliged to provide this type of bond are foreigners, including the aforementioned if not when there is reciprocity, and in the case of popular action
Bail to escape prison
Purpose: to ensure presence at the hearing of the Oral Trial, as well as the satisfaction of the costs, incurred
Requirements: the existence of rational indications of participation of the investigated in the criminal act, and that the penalty to be imposed is greater than two years.
It is agreed by means of Auto, the previous summons of the investigated one to the appearance gathered in the art. the badly named “vistilla”. In the case, Auto the Judge agrees on the type of bond and the amount
Likewise, when the order is granted provisional release on bail, it is accompanied by the obligation to appear before the appointed days, as well as those that the accused is called by the judicial body.
What happens if we breach and do not appear in the Court?
If you do not submit it:
– Imprisonment for the researched and;
– Loss of goods delivered on bail or opening via urgency for the sale of goods and subsequent collection by the State. This situation may also occur once there is a final conviction and the convicted person does not show up to comply with the sentence imposed.