What is bail?
Bail is a value determined by a competent authority (Judge or Delegate) to be deposited, in money or objects, for the purpose of the defendant awaiting trial on provisional liberty. For this, in addition to the payment of the guide in the amount of the determined bond, also have to be fulfilled certain obligations, while the process is in progress:
- To appear in the presence of authority whenever intimated;
- Do not change residence without prior authorization of the authority;
- Do not leave for more than eight days of your residence, without communicating to that authority where you can be found.
- If in doubt, you can find all these obligations in the Code of Criminal Procedure in Articles 327 and 328.
ATTENTION! By failing to fulfill any of the above obligations, the bond will be considered broken, and the provisional release may lose its effect and be replaced by pre-trial detention.
Who is the competent authority to set bail?
Delegate: in cases in which the maximum sentence of crime for which a person is being accused does not exceed four years – the bail will be set between 1 and 100 minimum wages.
Judge : in situations where the maximum sentence of crime for which a person is being accused exceeds four years – the bond will be fixed between 10 and 200 minimum wages. The Judge has a deadline of up to 48 hours to decide.
Can the bail be returned? Can the bail be returned?
If the defendant is acquitted or the process is extinguished, the bail will be returned with monetary restatement.
If the defendant is convicted , the bail is used to pay fines, procedural expenses and damages. After these discounts, with a remaining balance, this will be returned.
What not to do while on temporary release?
- Practice acts of obstruction to the progress of the process;
- Failure to comply with the precautionary measure imposed together with the bond or the obligations described item 1;
- Unjustly resisting the judicial order;
- Practice new criminal infraction, that is, in order to cause damage.
- If in doubt, you can find all these restrictions in the Code of Criminal Procedure in Article 341.
If the bail is broken, half of the amount paid will be lost, and the provisional release may also be annulled, returning to prison.
If at the end of the process is convicted and does not appear at the beginning of the sentence for compliance, you will lose the entire bail.
In what cases can I request bail?
In all situations bail may be applied, except for the following crimes:
Illicit traffic in narcotics and drugs;
- Crime against the constitutional order and the State.
Where and how do I pay for the guide?
After printing the guide (which can be done in the Forum’s OAB Room), pay at any Bank in Brazil.
If payment is made on the same day of the custody hearing, take the guide to the Forum where the hearing took place – if in Itapecerica da Serra, deliver to the notary’s office of the 4th Criminal Court.
If payment is made on any other day , delivered to the Criminal Court in which the case is.
After payment of the guide, how soon will the person be released?
After payment of the guide and delivery of the voucher in the place indicated in item 7, the accused must be released on provisional release within 24 hours.
If this deadline is not met, call the telephone number of the respective Temporary Detention Center, demanding that the release permit be complied with.
I can not afford. And now?
Pursuant to the Brazilian Constitution and the Code of Criminal Procedure, no one can be arrested for the sole reason that he can not pay the bail.
At the time the bail is established, the competent authority must take into account the financial situation of the accused, and waive the payment of any amount if it is clear that there is no possibility of payment.
If the bail is granted in excess of what you can afford, enter Habeas Corpus with the template on our website .