Can the securities from previous provisional release in other stages be used?
In case of cash or other security surrendered as bail security.
The accused or defendant, who has already been granted provisional release at the inquiry official or public prosecutor and still not request such security retrieval, if wished, may continue to apply for provisional release and submit the application to the court to take such cash or security as security for bail.
In case of a personal pledge as bail security. Such person may request the court to take such person as security for bail.
When the application for provisional release can be made?
- At the time of being an accused and the inquiry official brings such person to the court for prosecution adjournment or request for custodial order from the court;
- At the time when the accused is charged as a defendant:
- by way of the public prosecutor bringing such person to prosecute at the court;
- in the case where a private person is a claimant, the court has a preliminary hearing and finds the prima facie case. The court then issues the writ of summons for the defendant to appear in the court for plea;
- Being under the court custody warrant, e.g. the court arrest warrant in case of no appearance for the witness or the defendant being sentenced to imprisonment or confinement and the case is still appealable to the higher court;
- Being sentenced to imprisonment by judgment in case of contempt of court.