It often happens to me that the general public perceives the link as a synonym for prison or the criminal code of imprisonment.
But the opposite is true.
While the custodial sentence is directly a criminal sanction, the aim of which is to punish the convicted, the detention constitutes only a criminal-law protective measure and is on an equal footing with the ban on traveling abroad or simply detaining.
In other words, the imposition of custody does not decide at all about the guilt of the accused, but about his detention for the purposes of criminal proceedings. The Court still respects the principle of the presumption of innocence. Sometimes this institute is called the restriction of the innocent’s freedom.
Facts About Bail Bond Services
The Criminal Procedure Code in its § 67exhaustively provides for three cases in which the accused be taken into custody. The accused can only be taken into custody if his actions or other specific facts give rise to reasonable concern,
(a) flee or hide to avoid prosecution or punishment, in particular, if his / her identity cannot be ascertained immediately, if he/she is not permanently resident or if there is a high punishment,
(b) to act on witnesses not yet heard or co-defendant or otherwise obstruct the clarification of facts relevant to the prosecution;
(c) to repeat the offense for which he is prosecuted, to complete the offense he has attempted, or to perform an offense which he has prepared or threatened.
In practice, the distinction as follows slang bond áčková, or breakout, bond Beck or collusive and bond Čečková other words předstižná.
If the court further acknowledges that
- the facts found so far suggest that the act for which the prosecution was initiated has been committed,
- the deed has all the characteristics of a crime
- there are obvious reasons to suspect that the offense has been committed by the accused and
- with regard to the accused person, the nature and gravity of the offense for which he is prosecuted, at the time of the decision the purpose of the custody cannot be achieved by another measure, the so-called custody.
The binding is the ultima ratio
It should be noted here, however, that the bond is said to be the Latin terminology ultima ratio, that is, the very last means of detention to be used, unless the accused can be provided in another, milder way (by summons, demonstration, detention, or prohibition to leave abroad, etc.).
Furthermore, only the accused may be taken into custody, for whose intentional offense for which he is prosecuted, the law provides for a custodial sentence whose upper limit exceeds two years or. for a negligent crime three years.
How long can a bond last?
Regarding the duration of custody, its maximum length varies according to the severity of the offense for which the criminal proceedings are conducted. Therefore, not only in pre-trial proceedings, the bond should only last for the strictly necessary period, but at most:
(a) one year when prosecution for an offense is conducted;
(b) two years when a criminal prosecution is conducted for a crime;
(c) three years when prosecution is conducted for a particularly serious crime;
(d) four years when prosecuting a particularly serious crime for which an exceptional penalty may be imposed under the Penal Code.
The longest theoretically possible length of detention is therefore 4 years. Of these maximum lengths of custody, just one-third of the pre-trial proceedings last from a record of the commencement of criminal proceedings until a possible prosecution and 2/3 of the classic trial.
Only in the case of B-type custody, ie in the case of custodial detention, the duration of custody may be no longer than three months, unless it is found that the accused has already acted on the witnesses who have not yet been heard or co-opted. What is important to note, however, is that time spent in custody is then included in any prison sentence. Therefore, if the convicted person is sentenced to 5 years in prison and spent half a year before the court’s final judgment, this half-year will be credited with the sentence. This means that the convicted person still has four and a half years in prison on the day of entering the prison.
As mentioned above, the custody is a criminal-procedural institute that greatly limits the personal freedom of a person. Therefore, it is important to examine quite often whether the reasons for which the accused was taken into custody still persist and whether they can be used to secure a person of a milder nature. This review is designed so that, at the latest every three months after the decision has been taken into custody, the judge decides, at the request of the prosecutor, whether to continue to release the accused or release him from custody.
The accused may apply to the court for release from custody
In addition to this procedure, the accused himself has the right to request the court to release him from custody at any time. If the application for dismissal has been refused, the accused may repeat it if it does not state other reasons 30 days after the last decision has become final.
The binding can also be replaced
It is also possible to replace the link if the court or, in the pre-trial proceedings, at the request of the prosecutor, the judge considers it appropriate to apply the particular substitution. It is possible to replace the escape and forward binding, not the collision. Replace in the following cases:
a) a guarantee of a citizens’ interest association or a trustworthy person who is able to positively influence the behavior of the accused;
(b) the accused gives a promise in writing that he or she will lead a proper life, in particular by not committing a crime, arriving at the court, prosecutor or police upon request, and always giving prior notice of his / her stay;
(c) with regard to the person accused and the nature of the case, the purpose of the detention can be achieved by supervising the probation officer;
(d) a monetary guarantee or a security deposit from the accused or another person. The affected body first decides whether in this particular case it is possible to replace the bond with a monetary guarantee and if it decides positively, then it determines the amount of the financial guarantee (min. CZK 10000) and the method of its composition.
Who decides on custody?
The custody is decided by a court or a judge.
It depends on what stage is being decided. If the judge decides in the pre-trial proceedings and at the proposal of the public prosecutor, the court decides otherwise. The court decides on the application of the accused for release from custody and the prosecutor in the pre-trial proceedings.
What is a custody session
A relatively new institute from 2011 is the so-called remand meeting. It is a decision about custody outside the trial or a public session or during a preparatory meeting, or in the third case the defendant expressly requests the custody.
In general, however, it is preferable to decide on custody in the trial or in a public session where the accused is automatically involved. All members of the Senate and the accused are always involved in the trial in court. There is no need for a public prosecutor and a lawyer to be in custody. The meeting is in camera and a complaint is admissible.
Compensation for unauthorized detention in custody
Law no. 82/1998 Coll., On liability for damage caused in the exercise of public authority decision or maladministration in its § 9. 1 gives the possibility to claim damages fact, on whom been placed in custody and against him, the prosecution was halted whether the prosecution was acquitted or the case was referred to another authority.
The competent authority to which the claim is addressed, the Ministry of Justice. The Supreme Court states in its unifying opinion that adequate compensation for unlawful custody is 500 to 1500 CZK per day.