The guarantee is the amount determined by the prosecution or the court for the release of the accused pending his trial in the case in question, meaning that the defendant will not be incarcerated in the course of the investigations. The difference between them and the fine is that the latter is a sentence or punishment for a crime, Is a legal procedure taken in the course of investigations.
The use of the bail here, especially if the value is high, is intended to ensure that the court does not fail to attend the court. Otherwise, the court will confiscate the amount, with an arrest warrant issued by the accused, .
Murder is forbidden
Traditionally, bail is a form of property deposited or pledged to the court
To persuade her to release a suspect from prison, on the grounds that the accused would return to trial or the bail would be confiscated.
The money may be returned in some cases at the end of the trial, if it is brought before the court in all hearings, regardless of whether the person has been found guilty or not guilty of the crime in question.
In Egypt an accused is arrested, not appearing before the competent court immediately, but there
Including the presentation of the accused to the prosecution, his detention for a certain period pending investigation, and then the person is summoned before the court to ask the prosecution to continue his imprisonment and then comes the role of the trial.
The law allows the accused, other than the murder, to request bail on the case if the charge is a felony or misdemeanor punishable by imprisonment. In England and America, bail is not considered if the charge is intentional murder.
The difference between the guarantees of the prosecution and the guarantees of judges
There is a huge difference between ensuring the prosecution, which is determined by the Attorney-General’s Deputy in each prosecution
Egypt, which is imposed on the accused as a kind of guarantee, until he returns to the investigation again and has the right to recover them at the end of his trial if he obtained the patent or the investigations were saved.
The bail of the judge has two parts. The first is that if the accused is held in custody, the judge has the right to release him on bail until the end of his trial and a final judgment against him.
A judgment against the accused shall be issued by a court of delicts and shall be enforceable, such as offenses
Robberies, beatings, checks, secretarial receipts and construction without a license, in which the judge is sentenced to imprisonment and the bail is estimated to stop the execution of the sentence until he has appealed the sentence
Before an appeals court. He is entitled to appeal the sentence only if the bail is paid. If he waives payment, the judgment becomes enforceable and may be arrested at his home or on the street.
In cases where the bail may become a punishment, when the defendant fails to attend the dates of the hearings and the investigative procedures on the dates set in the papers, the bail is confiscated and not received again.
From 10 to millions
A structure that asserts to the «liberation» that there is no minimum or maximum financial bail, it could be ten pounds and may reach millions of pounds, which determines the guarantee and estimated by the members of the judiciary and prosecutors and judges, and must be determined in Egyptian pound only, If the accused was a foreigner, the bail would have been 10 pounds at most, but now bail could reach millions of pounds.
And always determined by the type of case and the quality of crime and corruption committed by the accused and its impact on the Egyptian society, adding that the prosecution is studying the financial situation of the accused and accordingly decided the amount of bail. Added that the value of the guarantee is entirely up to the party ordering the release as it sees fit. The law does not stipulate certain conditions for estimating the value of the bail. However, in the case of the cases, the determination of the amount takes into account the case of the social defendant and his financial ability. The accused, as well as the evidence that can be relied on the willingness of the accused to carry out the orders of the investigating body during the commencement of its mission, as well as accept the implementation of the sentence issued by him and not to escape it.
The lawyer pointed out that the bail is determined by the prosecutor or the judge according to the criminal offense. There is a difference between a defendant who embezzled one million pounds and another defendant who embezzled 1000 pounds. There is a difference between a defendant who beat a person and caused him serious injuries and an accused slapped a person with a pen or kicked him with a foot. It is specified that the accused has a known and permanent residence in Egypt, so as not to escape, and the time of the financial guarantee is determined at the same time determined by the papers, documents, charges and witnesses, for example if someone has a wealth of millions, then the judge or investigator can impose a bail Worth 2 or 3 million pounds, not For one has authority.
When the bail is signed, any defendant must pay. Any person other than the accused may pay it on the condition that he is a resident of Egypt and can promise to pay it. Here, the release of the accused is conditional on the necessity of collecting the bail, and can not be canceled in any way or under any Reasons in the cases of self-sufficiency, money and imprisonment cases related to family courts.
«Money» refund bail
The lawyer and official spokesman of the FreeUs Committee of the Bar Association, said that the fate of the guarantees if the foreign defendants did not attend the trial sessions remains suspended inside the Ministry of Justice’s treasury until the case is decided and a final ruling is handed down. If the defendants are convicted and the sentence becomes final and fined as punishment The amount of the fine specified from such pre-depositing guarantees shall be deducted in respect of the case. But the Egyptian accused to recover his bail must submit a certificate of general taxes stating that there is no indebtedness to him with any amounts of money and that if he violates certain conditions, the bail becomes the budget of the Ministry of Justice.
Obstacles and long procedures
The lawyers’ efforts to recover the bail due to the length of the procedures and the many obstacles that frustrate them, the bailout procedures take a lot of time, effort and money, it is not provided to anyone unless the amount of bail is large, with Ensure that the applicant is not indebted to any government agency. If the temporary release of the accused is to be decided in circumstances other than the conditions for release, the investigating party may suspend the temporary release of a financial guarantee, which is valued by the investigating authority. This estimate depends on several factors, And the extent to which the accused can fulfill the prosecutor’s summons
The suspect’s own identity, in terms of his criminal ties, fear of his escape, or lack of reason. The sum of the defendant’s ability to pay the bail is also considered.
The largest bail in the history of the judiciary
Explained that the law obliged the Public Prosecution to pay bail for the financially incompetent, and for the citizens who could not pay the guarantees. The defendant was held on bail until he was sentenced to nine months and now serving a prison sentence.
The largest bailout in the history of the Egyptian judiciary was when the Southern Cairo Criminal Court, headed by Counselor Mohamed Sherine Fahmy, decided to stop the re-trial of businessman in the case of the money laundering offense obtained from the crimes of profiting and appropriating public funds worth 6.5 billion Pounds, and released on bail of 100 million pounds on the case.
The court’s decision included the inclusion of on lists of those banned from leaving the country and travel ban.
The release is the basis .. The imprisonment is an exception.
The law allows the accused to request his release with personal or financial guarantees for minor misdemeanors and minor offenses. In simple cases, the defendant may be released or suspected of personal security. In the past, Sheikh Al-Hara was the personal guarantor.
In some cases, the guarantee is financial, and this does not mean payment of any amount, but the guarantor will lose a certain amount of money if the defendant fails to attend the prosecution or court in English law. Sometimes the guarantor is required to deposit documents proving ownership of property sufficient to pay the guarantee State of default.
In the event that the accused is known to have his or her place of residence, has no precedents, has not been charged with a crime that threatens the security of the community, has not been accused of committing a violent act, etc. In such cases, the lower judge may order one of the following:
To release the accused without bail or personal security, to order a financial guarantee or to pay a guarantee commensurate with the seriousness of the accusation, or to continue to incarcerate the accused without bail, since the accused is a common criminal or foreigner who can leave the country, endanger society or endanger witnesses.
The reason for making the release is the basis and imprisonment is the exception is that the citizen in this country is a precious commodity, also allows the citizen to continue in his work, and this is the best way to avoid depriving innocent people of a penalty they have no income, However, we see the sponsorship philosophy in Egypt as applied by the courts as opposed to what is meant by the law. It is necessary to estimate the extent of the physical and economic damage that will result in the detention of individuals who have not been charged with violence, such as the charges against many bank managers who can be prevented from leaving the country Trial.