Rule 114 \u2013 Bail.pdf - CRIMINAL PROCEDURE RULE 114 \u2013 BAIL SECTION ONE \u2013 BAIL DEFINED BAIL \u2013 it is the security given for the release of a person

Rule 114 u2013 Bail.pdf - CRIMINAL PROCEDURE RULE 114...

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1 RULE 114 BAIL CRIMINAL PROCEDURE RULE 114 BAIL SECTION ONE BAIL DEFINED BAIL it is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of a corporate surety, property bond, cash deposit or recognizance. PURPOSES OF A BAIL: 1. To honor the presumption of innocence until his guilt is proven beyond reasonable doubt 2. To enable him to prepare his defense without being subject to punishment prior to conviction. FORMS OF BAIL: 1. Corporate surety 2. Property bond 3. Cash deposit 4. Recognizance BAIL BOND RECOGNIZANCE An obligation under seal given by the accused with one or more sureties and made payable to the proper officer with the condition to be void upon performance by the accused of such acts as he may legally be required to perform. An obligation of record, entered into before some court or magistrate duly authorized to take it with the condition to do some particular act. NOTES: A person is in the custody of law when he has been arrested or otherwise deprived of his freedom or when he has voluntarily submitted himself to the jurisdiction of the court by surrendering to the proper authorities. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong shall, before conviction, be bailable. PROSECUTION WITNESSES MAY ALSO BE REQUIRED TO POST BAIL TO ENSURE THEIR APPEARANCE AT THE TRIAL OF THE CASE WHERE: 1. There is a substitution of information (Section 4, Rule 110) 2. Where the court believes that a material witness may not appear at the trial. (Section 14, Rule 119)
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