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Guidelines for the Return of Criminal Bail by the Prosecution Agency

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  • Last updated:2023-05-17
  • View count:71

Guidelines for the Return of Criminal Bail by the Prosecution Agency

According to Ministry of Justice.80年8月13日 法80檢字第12233號函

  1. In order to strengthen the implementation of convenience measures, specific guidelines are hereby established for the return of criminal bail by various prosecution agencies.
  2. In cases where the disposition is non-prosecution, the judgment is final, or other reasons lead to the extinction of the bond, the bond shall be returned in accordance with these guidelines without the need for an application.
  3. Each prosecution agency may independently decide whether to return the criminal bail through an account transfer (including allocation) or notification method, taking into consideration the jurisdiction's area, public sentiment, and other specific circumstances.
  4. The procedure for returning bail through account transfer is as follows (refer to the attached flowchart): The record or clerk responsible for the execution shall prepare a bail return notice (in triplicate, as per the format in Annex 1). Apart from attaching one copy to the case file and sending one copy to the accounting office, the other copy, along with a blank application form (in the format of Annex 2), shall be mailed to the guarantor to inquire whether they prefer an account transfer or personally coming to collect the bail. If the guarantor returns the payment receipt and application form, unless the guarantor expressly states a refusal to proceed with the account transfer, the accounting office shall immediately prepare a payment voucher, countersigned payment voucher, and attachment list (all in triplicate, as per the format in Annexes 3 and 4) to notify the payment department of the Taipei District Treasury to transfer the amount to the guarantor's or their designated person's bank account, and inform the guarantor or the designated person accordingly (notification format as per Annex 5). After the bail return through account transfer is completed, the accounting office shall affix a stamp and transfer the original case file together with the agreement to the original department.If the mailed notice is not received along with the payment receipt and application form within the given time period, it shall be deemed that the guarantor voluntarily comes to collect the bail, and the accounting office shall notify the guarantor to proceed with the return procedure. In the case of the guarantor personally coming to collect the bail, the accounting office shall process it promptly without any unnecessary delay.
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