Many times the Court imposes a real bond to allow the release of the accused; Where does that money end up and when is it returned?
In order to grant the benefit of the release to the accused of a crime whose conviction is not yet final, the Court that understands the case may provide a bond to ensure that the requirements for those who access said benefit are met.. The essence of the bond lies in ensuring that the accused is subject to a possible final judgment of effective compliance.
There are three types of bonds:
The sworn bond: is what is popularly known as “parole”. That is, the accused makes a formal promise to comply with the obligations set forth in the Criminal Procedure Code. It is worth pointing out that jurisprudence – from times long past – maintains that the sworn bond is the general rule.
The personal guarantee: a third party is established as “guarantor” of the accused. That is, this third party is obliged to submit to his court as many times as necessary, or “to pay the amount of the bond in case of default” of the accused, as established by the Criminal Procedure Code of the province of Buenos Aires (CPP-PBA).
The real bond: popularly known as “bail.”
The latter is the one applied, for example, by Chamber I of the Appeals Chamber of San Isidro at the time for Guillermo Bártoli, Horacio García Belsunce (h) and John Hurtig, María Marta’s relatives condemned for the cover-up of the crime.
How is the actual deposit paid?
According to the Code, the bond is fulfilled “depositing to the order of the intervening organ, the sum of money established in the release order, public titles, foreign currencies, other credit papers, according to the established quotation”.
“Said money is, in some way, an” inert “money, that is, nobody uses it, but rather acts as a kind of guarantee that the released will comply with the requirements that this benefit implies, and it should be noted that most of the the Courts that set a real bond and the same is fulfilled with money, place the sum in a fixed term in order not to harm the accused to a greater extent when the money must be returned or to the Judicial Power itself, when the sum may remain in its power, for example, because of the escape of the accused, “Claudio Stampalija, criminal lawyer and criminologist, explained to El National.
The requirements to be released, according to the CPP-PBA, are to be presented whenever called by the body involved in the case, establish a fixed address within the territory (in this case, the province) and not be absent from said address for more than 24 hours “without knowledge or prior authorization, and must report the circumstances that may impose an absence from the address for a longer term.” (Article 179 of said ritual body)
Cancellation and return
The actual bond will be canceled, as established by the code, when “in any state of the process and upon request of the released or released from prison, the bail will be replaced by bail.”
It is also canceled in those cases in which, once the release has been revoked, the defendant is detained; in the case in which the process ends in a way that does not require the arrest of the released prisoner; and if the beneficiary died.
The amounts deposited must be returned once the criminal case has been concluded or when, at the request of the party, the magistrate understood that the causes that gave rise to the application of the bond no longer exist, as well as the mortgages must be canceled and the liens lifted in the cases corresponding.