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How to apply for provisional release during the proceedings of the Supreme Court?

The application for provisional release during the proceedings of the Supreme Court can be filed in case where the Court of Appeal or a regional court of appeal sentences for death penalty, imprisonment, confinement, or detention for training in the training institution, dismisses the charge but detains during the proceedings of the Supreme Court or the defendant is under confinement in lieu of fine.

The eligible persons to apply for provisional release during the proceedings of the Supreme Court are:

  1. the defendant;
  2. any interested person (e.g. parents, descendant, husband, wife, relatives, person of superior rank, employer, related person by way of marriage, person to whom the court deems as proximate relationship as relatives or having any other relationship which the court deems expedient to apply for bail) or juristic person (e.g. company, limited registered partnership) in case the accused or defendant is a director, representative, agent, partner, staff or employee of such juristic person.

Where to lodge an application for provisional release during the proceedings of the Supreme Court?

In case where the court of first instance has pronounced the judgment, no matter an appeal to the Supreme Court has not been lodged or an appeal has already been lodged but the case file has not been sent to the Supreme Court, the application for provisional release shall be lodged at the court of first instance where judgment is given. In this case, if the court of first instance deems expedient to grant a provisional release during the proceedings of the Supreme Court, the court of first instance shall have a power to grant a provisional release.

In contrast, if the court of first instance deems it is not appropriate to grant a provisional release, the court shall, without delay, send the application with the case file to the Supreme Court for consideration. The court of first instance cannot deny a provisional release by itself.

If the court of first instance has already sent the case file to the Supreme Court, the application may be lodged at such court of first instance or directly to the Supreme Court. If it is lodged at the court of first instance, the court shall send the application to the Supreme Court for further consideration.

When to lodge and how many times can the application be lodged?

As long as the Supreme Court has not pronounced the judgment, the application can be lodged at anytime. In addition, if the Supreme Court does not grant provisional release, the application may be reapplied without limit. It should, however, contain reasonable grounds to amend the previous Supreme Court order.

The pronouncement of the Supreme Court order
When the Supreme Court issues an order, such order shall be forwarded to the court of first instance for pronouncement to the appellant. In this case, the court of first instance shall notify the accused or the defendant and the applicant without delay.

What are the duties of the bailor?

The bailor must bring the accused or the defendant to appear before the court on the scheduled date. The bailor may delegate anyone to bring such person to appear before the court as well. In this case, the bailor must use the proxy form obtaining from the public relations officer. If the accused or the defendant appears before the court without the bailor, it is not deemed as breach of provisional release but it is deemed that the bailor acknowledges the court order and the next date of an appearance.

If the bail is granted with conditions, e.g. the accused or the defendant must report himself/herself to the inquiry official or the court official, the accused or the defendant and the bailor must comply with such conditions.

 

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