Bail - Czech Republic

Czech Republic

• Radovan Krejčíř
  • charged with fraud (2004)
  • bail denied, following Krejčíř's complaint bail set at CZK 40 million (~ € 1.6 million), then denied by appellate court following state prosecutor's complaint
• David Rath
  • charged with accepting bribe (2012)
  • bail set at CZK 14 million (~ € 560.000)
• Michal Hala
  • charged with accepting bribe (2012)
  • bail set at CZK 4 million (~ € 160.000), but denied and returned by appellate court following prosecutor's complaint
• Randy Blythe
  • charged with intentionally inflicting bodily harm which resulted in death (i.e. manslaughter) (2012)
  • bail set at CZK 4 million, then doubled by appellate court following prosecutor's complaint
• Robert Rosenberg
  • charged with procuring prostitution, trafficking (2008)
  • bail set at CZK 600.000 (~ € 24.000)

Instead of remand, a court in the Czech Republic may decide to accept either

• guaranty of a trustworthy person or association or
• a written word of honor of the charged person or
• surveillance of a probation officer or
• a bail.

Bail can be considered when a charged person is held because of concern of possible escape or of a continuation of criminal activity. Bail cannot be considered where there is a concern of influencing witnesses or otherwise frustrating of the proceedings. Bail is also excluded in case of 31 specified serious crimes (e.g. murder, grievous bodily harm, rape, robbery, public endangerment, etc.) when the person is held due to concern of continuation of criminal activity. Bail may be posted either by the charged person, or with his or her consent, by a third party, but this only after this third party has received a thorough briefing regarding the charges and reasons for custody and possible grounds for the forfeiture of the bail.

After the bail has been posted, the court must again review the grounds for bail, and must decide either to accept or refuse the bail. When accepting the bail, the court may also require the charged person to stay in the country.

The court may decide to rescind the bail if the charged person

• escapes, is in hiding or fails to report a change of address and thus frustrates the possibility of delivery of summons or other documents from the court, the prosecution or the police, or
• is at fault for failing to appear for a proceeding, which may not take part without him or her, or
• continues criminal activity, or attempts to finish the crime which he or she had attempted or threatened previously, or
• is evading execution of imprisonment sentence, court ordered fine or other court ordered punishment.

The court holds out on bail as long as the reasons for custody remain (which includes pending of the charges), and in case of conviction until the convict starts serving prison sentence, reimburses the criminal proceedings and/or pays court ordered fine. In case that the court decided also on damages and the aggrieved party asks for it within three months, the bail or its part may be used also to reimburse the damages. Otherwise, the court returns the bail.

Both the prosecutor and the person in custody may challenge any decision on custody (including bail) by filing a complaint which leads to review by an appellate court.