To prevent the accused or the detained person from being held in custody for longer than necessary during the investigation or trial. Because if there is no necessity for custody,they should be entitled to temporary release, which is a matter of rights and freedoms that must be presumed before the accused or the detainee is proven guilty beyond a reasonable doubt, prior to reaching a final judgment.

Table of contents

When can bail be requested

The eligible person to apply for bail

Applying for bail in court

The evidence required to be presented when applying for bail

Determination the amount of bail

summarize

Requesting bail in court has three stages.

   The first stage is pre-trial bail, where the accused is released from custody and required to report to the prosecutor’s office.

   The second stage is when the accused is remanded to court but no formal charges have been filed yet. When investigators or prosecutors bring the accused to court for remand, and the court grants the request for detention, it means the accused is now under the court’s control. At this point, the actual trial hasn’t begun yet.

   The third stage is when the court accepts the indictment, whether it’s filed by the prosecutor or by a private individual. Once the court accepts the indictment, if it happens, the defendant needs to appear in court for bail.

   If bail is not granted, the defendant must remain in custody until the case is concluded.

The eligible person to apply for bail

1.Defendant or detainee

2.Beneficiaries involved may include: family members, heirs, spouses, siblings, and authority figures.

Applying for bail in court

1.Requesting bail during pre-trial detention (while still being a suspect and not yet formally charged)this can be done when the suspect is brought by the police or prosecutor to request court permission for detention while the investigation is ongoing. The suspect has the right to request bail from the court.

2.Requesting bail during the trial process.
It can be done when the defendant is charged by the prosecutor and changes their status from defendant to detainee. Detainees have the right to request bail from the court.

In cases where the private individual is the victim (victim sues themselves),once the court has accepted the indictment, the accused may apply for bail either before the scheduled court date or on the actual court date specified in the summons to appear for the case.

3.The request for bail at the appellate or supreme level.
When an accused person is detained or imprisoned as a result of a judgment from the lower court or the appellate court, they may request bail before filing an appeal or a petition, or they can request bail simultaneously with or after filing an appeal or a petition.

   The bail application mentioned should be submitted to the court that issued the case judgment, or it may be submitted to the appellate court, the regional appellate court, or the Supreme Court, depending on the circumstances.
In this case, bail application can be made at the level where it is applicable. If the level of bail changes, a new bail application must be submitted according to the new level.

The evidence required to be presented when applying for bail

1.Identification cards, government employee cards, or position-related identification cards, along with copies of the defendant and guarantor’s household registration, are required.

2.Assets such as land title deeds, certificates of Certificate of Utilization , cash, and bank account statements.

3.Certification from the employer or the head of the organization (in cases of seeking bail based on one’s position or occupation).

4.Certificate of appraisal value (in cases of using land title deeds, certificates of beneficial interest as collateral).

5.Bank certification (in cases of using bank account books as collateral).

6.Spousal consent documentation(in cases where the guarantor is married).
The amount of bail depends on the severity of the imprisonment. According to the criminal offense and the charges.

Determination the amount of bail

   The determination of the bail amount in a bail bond contract for the accused depends on the severity of the charge or the basis of the offense. It can be in the form of cash (minimum amount) or the assessed value of property (minimum amount), as per the provisions of the Criminal Code.

1.Violation of Duty: 60,000 – 130,000
2.Make a false statement: 40,000 – 70,000
3.Bring a False charge : 60,000 – 80,000
4.Give false evidence : 40,000 – 70,000
5.Defamation : 30,000 – 60,000
6.Arson: 170,000 – 250,000
7.Destruction of Documents: 30,000 – 60,000
8.Forgery of Ordinary Documents: 70,000 – 150,000
9.Forgery of Official Documents: 80,000 – 150,000
10.Forgery of Rights Documents as Official Documents: 90,000 – 180,000
11.Defamation of Women : 200,000 – 400,000
12.Indecent : 50,000 – 120,000
13.Procuring Women: 200,000 – 400,000
14.Abduction of Minors: 80,000 – 160,000
15.Abduction of Minors for Immoral Purposes: 100,000 – 200,000
16.Murder: 200,000 – 400,000
17.Unintentional Homicide: 100,000 – 200,000
18.Attempted Murder: 80,000 – 150,000
19.Causing Death to Others (Personal Driving): 80,000 – 150,000
20.Causing Death to Others (Commercial Driving, Contracting): 120,000 – 200,000
21.Causing death to others (mass death, 4 or more people) 150,000 – 300,000
22.Inflicting bodily harm causing disfigurement 80,000 – 160,000
23.Inflicting bodily harm 10,000 – 50,000
24.Robbery – 50,000 – 100,000
25.Burglary or robbery involving two or more clause – 80,000 – 160,000
26.Professional gang robbery – 100,000 – 200,000
27.Theft – 100,000 – 200,000
28.Theft with the use of firearms and vehicles – 150,000 – 300,000
29.Theft causing injury to the victim – 150,000 – 300,000
30.Theft resulting in the death of the victim – 200,000 – 400,000
31.Plunder – 200,000 – 300,000
32.Plunder with the use of firearms and vehicles – 250,000 – 350,000
33.Plunder causing injury to the victim – 260,000 – 400,000
34.Plunder resulting in the death of the victim – 300,000 – 500,000
35.Fraud – 30,000 – 70,000
36.Fraud against the public – 150,000 – 300,000
37.Fraud against the public involving job placement scams – 180,000 – 400,000
38.Fraud involving gold theft gangs, three-card gangs – 120,000 – 200,000
39.Fraud against creditors – 40,000 – 80,000
40.Blakmail – 80,000 – 120,000
41.Extortion – 100,000 – 200,000
42.Fraudulent conversion – 30,000 – 60,000
43.Receiving stolen goods – 50,000 – 100,000
44.Receiving stolen goods with involvement in robbery or theft – 100,000 – 200,000
45.Causing loss of property – 30,000 – 70,000
46.Intrusion – 30,000 – 70,000
47.Intrusion involving sexual offenses, life, or bodily harm – 100,000 – 200,000
48.Perjury – 50,000 – 100,000
49.Violation of the Check Act for checks of 1/3 of the check amount but not exceeding 200,000 baht

summarize

Bail is a right that can be requested, but it’s not an absolute right that one is guaranteed to obtain.

It means that we must convince the court that we deserve bail. Generally, judges intend to grant bail while awaiting trial. However, if there are legal reasons preventing it, we may not be granted bail.

For example, if there’s a risk of committing the same offense again, interfering with witnesses or evidence, or if it’s a serious offense and there’s a fear of fleeing.