Provisional release: Case of breach of bail bond to the court and enforce by the bail conditions.

Abstract

The study of the thesis titling ‘Provisional release: Case of breach of bail bond  to the court and enforcement of the bail conditions’ is of 3 objectives: (1) to study meanings and concepts of international and Thai Laws related to provisional release, enforcement of the bail conditions and penalty to the alleged offender or the accused in case of evasion,(2) to analytically study a provisional release, a breach of bail bond and an enforcement the bail conditions, including consequences of provisional release under provision of Thai Law,   and (3) to find modification guidelines on law, rules and regulations related to provisional release and preventive measure of the breach of bail bond and enforcement of the bail conditions, including penalty to the alleged offender or the accused for an approach to the process of equal criminal justice.

This study is a documentary research studying from incidents in the society by following information, including researching both Thai and foreign language documents of edict, academic texts, researches, theses, and articles from legal journals or magazines, newspapers, including other related articles, and information from websites and internets in order to gather studied information for analyzing and find a conclusion as an approach to improvements of effective administration and enforcement of law.  

From studying criminal cases, the alleged offender or the accused is provisional released whenever there is bail and security, law effectively yet the breach of a bail bond cannot be effectively enforced with the bail conditions or the bail applicant; the essential ground of this is from the bail applicant requests to the court for provisional release of the alleged offender or the accused with the intent of fraud to seek for the inappropriate benefit which is not allowed by law. Exceeding the affectation towards the justice process, it causes damage to the state and its people in the society without legal measure for protecting and controlling of such action of the bail applicant.  Moreover, the evasion of the alleged offender or the accused during criminal procedure is without responsibility and legal punishment.  Hence, in order to solve the said problems, improvements are presented on law, rules and regulations, including legal measure on provisional release in state’s criminal case in accordance with legal objectives and justice.