Article 118: Return of bail security

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3478/2564 (2021)

   Where a defendant who was also the surety dies during the proceedings and the case against that defendant is severed and disposed of, the bail contract ends and the court must return the security under Section 118; a dispute over who is entitled to that returned security is part of the criminal proceedings.

   After the fourth defendant, who had also provided the security, died and the case against him was disposed of, the bail contract ended. The Supreme Court held the security must be returned under Section 118, and the contest between the estate administrator and a claimed heir over it was part of the criminal case.

2. Arrêt de la Cour suprême n° 703/2537 (1994)

   Where a surety guaranteed the appearance of a suspect at the inquiry stage, the later withdrawal of the complaint in a compoundable offence does not by itself discharge the surety's liability under the bail contract, so it is not a cause requiring return of the security under Section 118.

   The surety argued that withdrawal of the complaint in a compoundable case ended his obligation and required return of the security. The Supreme Court disagreed, holding the surety remained liable under the bail contract despite the withdrawal.

3. Arrêt de la Cour suprême n° 10072/2558 (2015)

   Where the state still has the right to enforce a forfeited bail contract against the sureties, there is no cause to return the security to them under Section 118; the return of security applies only where the bail liability has genuinely been discharged.

   The Supreme Court reversed a lower-court order returning the security, holding that because the state could still enforce the forfeiture against the sureties, there was no ground under Section 118 to return it.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.