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00:00Temporary Release and Bail Procedure Under the Criminal Procedure Law
00:04According to the Criminal Procedure Law, Article 108 outlines the conditions for the temporary release of a person detained under remand.
00:13Release may occur only with the approval of the public prosecutor, and conditions may be imposed or modified as deemed necessary.
00:21The law permits release on bail in cases where temporary release is not obligatory.
00:26Bail can be personal or financial, and the amount is determined by the public prosecution or the judge.
00:33If bail conditions are not met, the public prosecutor may change, replace, or cancel the bail or order continued detention.
00:40Additionally, bail must be paid by the defendant or someone on their behalf and deposited in the court treasury.
00:45It is permissible for others to pay the bail on behalf of the defendant, with the payment serving as a guarantee for the defendant's compliance with court obligations.
00:541. Disposition of Bail
00:57Article 111 addresses the disposal of bail.
01:01If the defendant fails to meet obligations, the bail becomes government property without the need for a judgment.
01:08The bail may be refunded if the defendant is acquitted, or if the case lacks grounds for a lawsuit.
01:13Article 112 states that a release order does not prevent the public prosecutor from issuing a new arrest warrant if evidence is strong.
01:22The defendant breaches conditions or other circumstances require it.
01:262. Appeals and Grievances
01:28Article 113 grants the ability for requests related to release, detention, or electronic monitoring to the court to which the defendant is referred.
01:38The court that issued a judgment of lack of jurisdiction retains competence until the case is filed with the competent court.
01:45Article 114 clarifies that requests from plaintiffs for the imprisonment of the defendant are not accepted,
01:51and their statements are not considered in discussions related to the defendant's release.
01:563. Precautionary Measures
01:58Article 118 permits the public prosecutor to issue an order declaring that there is no basis for filing a lawsuit after investigation,
02:08leading to the defendant's release if no other reasons for imprisonment exist.
02:12This order requires approval by the public prosecutor.
02:16In misdemeanors and violations, if the lawsuit is deemed fit to proceed based on evidence,
02:21the defendant is instructed to appear before the competent criminal court.
02:25Otherwise, the lawsuit may be dismissed.
02:27The public prosecutor has the authority to cancel an order declaring no basis for filing a lawsuit within three months,
02:35if the order has not been appealed and rejected.
02:37If evidence in a misdemeanor or violation case is sufficient,
02:41the lawsuit may be referred to the competent criminal court.
02:44Felonies with sufficient evidence are referred to the felony court by the chief public prosecutor, as per Article 122.
02:51This order may include comprehensive information about the defendant and the crime,
02:55specifying all relevant elements and applicable laws.
02:59This order must be notified to the plaintiffs within three days.
03:02Article 125 allows for the referral of related crimes within the same court jurisdiction by a single referral order.
03:10Crimes falling under different court jurisdictions are referred to the higher court.
03:13The defendant detained under remand may be released if the referral order does not include continued detention as per Article 126.
03:214. Appeals and Court Competence
03:24For appeals, Article 133 grants the public prosecution the right to appeal decisions regarding the temporary release of defendants held in remand.
03:32These release decisions cannot be executed until the appeal period has passed.
03:37Defendants are also permitted to appeal decisions extending their detention within the appeal period.
03:42Article 134 allows victims and plaintiffs to challenge orders from the public prosecution that determine there is no basis for filing a lawsuit due to insufficient evidence or other reasons.
03:54The appeal hearing date must be scheduled within three days of the appeal, and the public prosecution is responsible for notifying other plaintiffs.
04:02The Court of Appeal considers appeal requests in a counseling room, offering flexibility in scheduling and location.
04:08According to Article 138, the Court of Appeals' decisions on appeals against orders declaring no basis for filing a lawsuit are final and cannot be further appealed.
04:19The Court may, however, instruct the public prosecution to take further action on the case.
04:24Lastly, Article 139 permits the Court of Appeal to extend a defendant's detention when an appeal is made against a decision for their release while under remand.
04:34The Court may also order the defendant's release with or without bail.
04:38These decisions are final and not subject to further appeal.
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