Table of Contents

1. Update on “The Icon Group” Bosses who were denied bail
2. Reasons for denial of bail
3. Legal conditions for granting Bail
4. Why the Icon Group Bosses were denied bail
5. Practical techniques for filing a Bail request

Update on “The Icon Group” bosses who were denied bail

Many victims joined The Icon Group Co., Ltd., as sales representatives after being recruited by team leaders. The company offered training on online sales and video content, and the representatives or leaders encouraged new members to place orders to receive commissions on sales. The company built credibility by hiring prominent national actors as brand ambassadors, further enticing victims to sign up and invest.

After many victims invested in The Icon Group, it became clear that the company focused more on recruitment and networking than on actual product sales. Victims discovered that the products were overpriced and difficult to sell. As a result, numerous victims suffered financial losses and filed complaints to pursue legal action.

Due to the significant number of victims and the extensive damages, the 18 top figures of The Icon Group were remanded by the court and denied bail. Currently, the case involving The Icon Group is classified as public fraud through a scheme encouraging investments in online sales, which led to many losses. The case might be transferred from the Consumer Protection Police Division (CPPD) to the Department of Special Investigation (DSI) for consideration as a special case.

Reasons for denial of bail

This case is a high-penalty criminal matter that has attracted extensive public and media interest. Many victims have formally requested the authorities to deny bail for these leaders. Consequently, law enforcement officers and judges have rejected the bail requests of the accused bosses for the following reasons:

• Under Section 108/1 of the Criminal Procedure Code, the court may deny bail if: (1) The accused may flee.
   (2) The accused may tamper with evidence.
   (3) The accused may pose a danger.
   (4) The bail applicant or the offered collateral is unreliable.
   (5) Granting bail may obstruct or harm the investigation or court proceedings.

• The prosecutor or investigating officer may oppose bail, fearing that the accused will evade authorities or violate condition 1. They may include this request in the detention application submitted to the court.

• Lack of a fixed residence or steady employment: If the accused lacks a permanent residence, the prosecutor or police may believe they are likely to flee and may be difficult to trace. Given the wealth these bosses allegedly acquired from The Icon Group, there is a high risk they could use funds to escape.

• Failure to provide a valid reason for bail: Bail applications must specify reasons justifying the request, such as needing medical treatment for a chronic illness. Supporting documentation, like a medical certificate, should accompany the application.

• Unreliable collateral : Any bail collateral must meet the minimum value required by the court. The collateral should be calculable, such as real estate, promissory notes, bonds, or cash. If using a person as a guarantor, they must have a stable income or be a reputable person with close ties to the accused.

• Lack of credibility of the accused : If the accused has previously been granted bail and absconded or has a criminal history, they may be considered untrustworthy.

• Impact on public stability, economy, or security : If the case significantly affects public welfare, as in the case of public fraud, pyramid schemes, or money laundering, the court may deny bail.

Legal Conditions for Granting Bail

• Severity of the Case : If the case involves serious offenses, such as drug crimes, murder, or national security issues, the court may impose strict bail conditions or deny bail if the accused is likely to reoffend.
• Defendant’s Behavior : The court will assess if the accused has a history of criminal activity or absconding. If there is a risk of flight, bail may be denied.
• Reliability of Collateral : Cash, land titles, or other reliable assets must be provided as collateral to assure the court that the accused will not flee.
• Social Status and Occupation : A stable occupation and social status may indicate that the accused is less likely to flee.
• Risk of Evidence Tampering : If the accused has the potential to destroy evidence or influence the case, bail may be denied.
• Agreement to Bail Conditions : The court may impose conditions such as travel restrictions, mandatory check-ins, or non-interference with evidence. If the accused agrees to these terms, bail may be more likely.

Why the Icon Group Bosses Were Denied Bail

The 18 bosses, including three celebrities, were allegedly involved in systematic operations that severely impacted society, causing extensive harm to the public. The case is serious, and with substantial financial damages reported,

the investigating officers and victims have requested denial of temporary release. If granted bail, there is reason to believe these individuals could flee or tamper with evidence, leading the court to deny bail.

The potential for “evidence tampering” is especially concerning, as these bosses have access to company documents, critical records, videos, and internal communications between leaders and representatives.

Practical Techniques for Filing a Bail Request

       The following individuals can submit a bail application: the accused, relatives of the accused, a lawyer, or a person holding a public office who can use their position to request bail. The steps are as follows:

1. Obtain a bail request form from the court’s information desk.
2. Relatives or associated individuals, known as guarantors, may draft their own bail request. The information desk can assist or provide examples if the guarantor is unable to write. A lawyer can also draft the application if available.
3. Once completed, the accused must sign the bail request. If the accused is not detained in court, the guarantor must obtain their signature on the form.
4. The guarantor submits the completed bail request along with all relevant documents to the information desk.
5. After verification, the court clerk records the request and presents it to the judge for review.
6. The court clerk informs the guarantor of the judge’s decision.
7. If the court grants bail, the guarantor may need to provide bail funds, and the clerk will issue a receipt for the bail application and deposit.
8. If the accused is detained in court without a detention order, they will be released from the court’s holding room immediately. If the accused is detained elsewhere, the clerk will issue a release order.
9. The accused will be released on the same day the court approves the bail request.
10. If bail is denied, the guarantor may reclaim the submitted collateral from the court.
11. n cases where bail is denied, the guarantor may appeal the court’s decision to seek the release of the accused or defendant. An appeal or further appeal (cassation) can be filed as necessary.

In cases with numerous victims and extensive social impact, as in this case, the structured nature of the offenses can complicate the bail process. Additionally, the denial of bail aligns with legal principles, as the court considers penalties, risks to evidence, and the severity of the case.

Content by Lawyer Kroekkiat

Compiled by Lawyer Champ