What are the means to authorize someone to submit the application for provisional release
The owner of the security, who wishes to authorize someone to submit the application for provisional release, must execute the power of attorney at the district office where the owner lives or the security is located. Such power of attorney must be certified and attested with the signature of the district chief officer or acting officer together with authorized position seal affixed. The power of attorney may also be made before the court officer.
In doing so, the personal identification card or government officer identification card and copy of household registration of the appointor and appointee must be presented. However, some courts may not allow the owner of the security to appoint anyone to submit the first application for provisional release on his/her behalf. Some courts may grant provisional release only in case where the owner of the security is a relative of the person for whom the bail is posed, in order to prevent the fraudulent action by exploiting other person’s property in bail.
How to use a certification letter from an insurance company as security?
The use of certification letter issued by an insurance company as security for bail or bail policy can take 2 forms:
Form 1: freedom insurance before offence is committed
It is the insurance for any person who wishes to make an advance security for bail because of having risk or potentially committing any criminal offence by negligence, e.g. driver, physician, construction contractor. Such person may use the certification letter to apply in the court for his/her own application for provisional release.
Form 2: freedom insurance after offence is committed
When a person is charged to be an accused or a defendant and wishes to have any security for bail, such person, friend or relatives may contact the insurance company to buy freedom insurance and the company will issue a policy and certification letter for the required amount. Such certification letter can be used as security for bail in the court.
In general, the applicant can use freedom insurance for all offences except the offence related to the distribution of drugs and narcotics. After obtaining the insurance certificate, the applicant should check against the name, family name, offence, amount for bail, etc. for the correctness. When the provisional release has been granted, the court must notify the insurance company for the amount of bail without delay.
There is also another type of insurance so called the bail insurance for vehicle driver which the insurance company provides additional protection in addition to the voluntary car insurance. The certificate of this type of insurance can be used as security for bail of the driver as well.
Insurance company may refund the insurance premium to the applicant as follows:
freedom insurance before the offence is committed: it is only refundable when the insuree passes away and there is no claim during the protection of the insurance.
If the insuree once uses the insurance certificate but not up to the full insuring amount as stated in the insurance table, the insuree may request a new insurance certificate for the remaining insuring amount by notification in writing to the insurance company;
- freedom insurance after the offence is committed is refundable on 5 grounds as follows:
if the court denies provisional release, the insurance company shall refund the insuree for the premium with deduction for management charge of 500 baht.
In case of being not certain whether the court will grant provisional release or not, the applicant should submit an application for provisional release before buying insurance. When the provisional release is granted, the applicant then buys the freedom insurance;
- if the court grants provisional release but at the later time during the insurance coverage the court withdraws or revokes provisional release or the applicant does not wish to bail, the insurance company shall refund at the rate of 20% of the premium;
- if the insuree dies during the protection of the insurance without breach of bail condition, the insurance company shall refund at half of the premium to the heir of the insuree;
- if the insuree does not breach any bail condition until the expiration of the insurable time, the insurance company shall refund at 20% of the premium;
- if the insuree already used the insurance certificate but not up to the amount as set under the insurance table, the insurance company shall refund remaining premium by calculating the portion which is more than liability under granted provisional release.
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