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Requesting temporary release (bail)

Those who have the right to request temporary release

  Including the accused or defendant or those who have benefits related to the accused or defendant, such as parents, descendants, husband and wife, relatives, siblings, guardians, supervisors, employers, lawyers, persons the court deems to have close relationships as relatives or other relationships as the court deems appropriate.  

Types of temporary release

  There are 3 types of temporary release:
 1. Temporary release without bail is to make the accused or defendant swear or swear that he or she will appear in court as scheduled. Without having to sign an insurance contract and without having to have any collateral at all.

 2. Temporary release with bail is temporary release by having the bail applicant make a bail contract with the court without having to post bail. If the insurance contract is breached, the insurance contract will be fined according to the amount specified in the insurance contract.

 3. Temporary release with surety and surety is a temporary release in which the bail applicant must make a surety contract and leave surety with the court. If the insurance contract is breached, the collateral will be seized.  


  1. Cash or other assets such as land title deed, Ms. 3Kor., condominium ownership, Government Savings Bank lottery, BAAC lottery, fixed deposit account, freedom insurance policy.

 2. A person acts as collateral by presenting securities, such as a government official position, a lawyer.  

Requesting temporary release

  1. When the court receives the request for temporary release. Please consider and order quickly. It shall be considered as the principle that the accused or defendant should be allowed temporary release. Unless there is a necessary reason to control or imprison the accused or defendant, the reason must be specified completely and clearly.

 2. The accused or defendant may present information or facts regarding the causes and circumstances related to the action being prosecuted. Including personality, character, physical and mental condition, education, occupation, work, criminal history. or other information for consideration.

 3. The court may set conditions for the accused or defendant to comply with in order to prevent escape. or to prevent danger or damage that may occur from temporary release, such as

  • Report yourself to the official or person the court deems appropriate.
  • Place restrictions on housing or travel.
  • Place restrictions on occupations.
  • Place restrictions on entry into certain places that may cause further offenses.
    If the accused or defendant does not comply with the conditions The court may consider revoking the temporary release.

Rights of bail applicants when the court does not agree to have temporary release.

         The bail applicant has the right to appeal the order not granting temporary release. and have the right to file an appeal at any time, even if more than 1 month from the date the court issued the order.
          The order does not allow temporary release. Regardless of the order of the court. This does not preclude the right to submit a new request for temporary release.  

Duties of the insured

          The surety must bring the accused or defendant to the court at every appointment. If the surety does not deliver, it will be considered a breach of the bail contract and the bail contract entered into with the court will be enforced.  

When the insurance contract is breached

  1. The accused or defendant will have an arrest warrant issued.

  2. The guarantor must bring money to pay the penalty according to the insurance contract within the time period specified by the court. If payment is not made or incomplete payment is made The property must be confiscated and sold at public auction in order to bring in money to pay the fine in full.

Alternative measures instead of having insurance and collateral

  In cases where the prison sentence is not more than 10 years, and the court allows temporary release without bail. Other measures may also be used to monitor and prevent the accused or defendant from escaping.  

  Use of electronic equipment (EM: Electronic Monitoring) The court may impose conditions regarding residence or any other conditions for the temporarily released person to comply with. or in the case where that person agrees to order the use of electronic devices or equipment that can be used to monitor or restrict the travel of temporarily released persons. To prevent escape or danger or damage that may occur. But if the temporarily released person is not yet 80 years of age, even that person consents. The court will order the use of such equipment only if the person has behavior that may cause serious harm to other people or there are other reasonable grounds.  

If electronic equipment (EM) is destroyed or rendered inoperable in any way, it is assumed that the accused or defendant has fled or will escape.
  Appointment of supervisors for temporarily released persons When the court orders temporary release The court may set conditions for the temporarily released person to comply with in order to prevent escape. or danger or damage that may occur the court may order the appointment of a supervisor.  
  Appointment of Supervisor Along with installing electronic equipment (EM) to monitor/restrict travel, this can be done. If the court exercises its discretion and finds that there are strong grounds to believe that the appointment of a supervisor or the use of any EM equipment Inadequate in supervising those temporarily released to comply with the court's conditions.