Menu

Know the difference between “Bail” and “Fine”

0 Comment


Legal researcher Narick Tasher said that the bail is a sum of money determined by the prosecution or the court for the release of the accused until his trial, especially if the amount is excessive, to ensure that the accused will not fail to appear in court. Accused.

“BTasher” explained the procedures for refunding bail

"BTasher" explained the procedures for refunding bail

1. The case must have been terminated by conciliation or innocence.

2. Write a request to the Chief Prosecutor to recover bail.

3. Extracting a certificate from the table of misdemeanors or felonies, including what was done in the case and mentioning the value of the bail and paying it with the coupon.

4. Attach the origin of the guarantee receipt.

5. Sending the application to the head of the Criminal Registry for filing a note on bail.

6. After more than two months and on the instructions of the prosecution ordering the bail, but deducted from them 10% court fees.

7. The work of a special power of attorney allows the transfer of bail to the lawyer, indicating the number of the case to exchange bail.

8. Edit a memorandum of exchange and buy a form 34 or 17 is disbursed from the treasury if the court is partial either if the court of first instance will be disbursed through a check from the National Bank issued this check from the Registry of Qaidat.

“The fine is a penalty prescribed in the felony, misdemeanor, and offense. It is one of the original penalties. It is not a penalty of subordination at all, and in limited cases that may be supplementary, which obligates the convicted person to pay to the government treasury the amount estimated in the judgment.”

He explained that the law set the conditions for the fine as an original penalty:

(1) The fine shall not be imposed except by a provision of the law, which shall determine its amount.

(2) It shall not be imposed except by a criminal judgment and shall be claimed by the Public Prosecution.

(3) The fine is personal, that is, not only the person responsible for the crime and does not extend to the heirs, but extends to the legacy of the accused deceased only because it is not a legacy until after payment of debts.

(4) is not affected by reconciliation with the victim.

(5) may be covered by suspension of execution.

(6) A precedent in the oud.

(7) The penalty shall be prescribed by the statute of limitations, and the person sentenced to a fine may be rehabilitated.

First: The fine as an original penalty in misdemeanors

Determined in misdemeanors as follows:

1) may be singular in misdemeanors such as slander and defamation offenses.

2) may be scheduled with confinement and jovi.

3) It may be a phonetic.

4) may be optional

Second: The fine as an original penalty for irregularities

Second: The fine as an original penalty for irregularities

Is the original penalty in all fines because there is no imprisonment in the irregularities.

He pointed out how the penalty is a supplementary penalty, which is determined by the legislator as a supplementary penalty in addition to the original penalty and find it in the crimes where the motive to commit the crime of illicit enrichment such as crimes of bribery and embezzlement.

Methods of determining the fine:

Method 1: The legislator stipulates a minimum and maximum limit and leaves the judge with an estimate of between two and a minimum of one hundred pounds and a maximum of 500 pounds for misdemeanors and irregularities of 100 pounds, unless the law provides otherwise, such as the crimes of bringing and smuggling drugs and the fine reaches half a million pounds.

The second method is the relative fine and we determine the amount of the fine and the connection between it and the actual or potential damage to the crime or between the interest that the perpetrator achieved or wanted to achieve. For example, the fine established in the crime of bribery,

He pointed out that there is a distinction between the ordinary fine and the relative fine. If the accused in a single crime in the crime committed for the relative penalty, whether active or partners, only “one fine” is imposed on all of them.

All the contributors to the crime are obliged to pay the single fine. The State wants to ensure that all the accused receive a fine equal to the value of the embezzlement, for example, or the value of the bribe. Solidarity is not intended as a penalty, but only the realization of the state’s interest in facilitating the collection of the fine in favor of the public treasury. Exempting the shareholders from solidarity in the payment of the fine, in which case one of them shall be sentenced by a certain amount, provided that the sum of the total shall equal the sum of the fine.

As for the ordinary fine, the number of the number of accused and no solidarity among them any personal fine and sentenced to a fine on each of them to be alone.

On the manner of execution of the fine, Mohammed BTasher says that the fine is a monetary judgment in the case of the convicted person, and that the sentence of the fine is enforceable as soon as it is pronounced, that is, if the judgment is appealable or challenged, the appeal does not preclude the execution of the fine.

If the judgment is canceled, the fine shall be refunded against the person who commits the fine:

The fine as an original penalty is not carried out except on a judgment and is not committed by others. It is purely personal and does not apply to the heirs as persons in their personal financial situation.