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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Asalamualaikum Sir / Maam please i need help my...

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Asalamualaikum Sir / Maam please i need help my husband in rashadiya jail almost a month now i dont know whats his case the cid only told me its common case then we got a lawyer but we only gave 4000 dirhams due to the situations i dont have any more money or any body to asked he said he can go out on august 5 again he requested another 4000 now i saw that he didnt do anything please what i can do to help my husband

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Criminal Procedures Law No. 35 of 1992, and in relation to a request to release (bail), a request for release of a person who has been charged with a criminal offense is submitted to the court. The Prosecutor expresses his perusal of the request and submits the application as follows:
A request for release from the felony criminal shall be submitted to the court and the Prosecutor shall read the application. Then the application shall be submitted as follows:
1. To the court to which the accused shall be tried if the case has not yet been referred to the Court. (it is still under investigation by the Prosecutor).
2. To the court to which the accused is tried, if the case has been referred to it on the basis of the sought accusation.
3. The court that issued the judgment or the court competent to hear the appeal if a judgment has been issued in the case and it is appealed.
Each person who has been decided to be released shall give a personal guarantee or pledge of the amount to be determined by the authority that issued the decision.
Guarantee Types:
1- (Legal guarantee) shall be organized with the notary public to certify the guarantor's ability and suitability for this guarantee.
2- A Pledge shall be organized with the notary public to certify the guarantor's ability and financial standing.
3- (monetary insurance), which is a sum of money deposited in the Fund of the Court as insurance instead of bail.
The Prosecutor to whom the request of release has been submitted may decide to give the release or reject it or reconsider his previous decision as appropriate.
Resumption the decision of release:
The decision of the Prosecutor may be appealed (by releasing the complainant or refusing to release him or let him free) as follows:
1. If the Prosecutor decides to refuse the release of the complainant, the appeal shall be submitted to the Court of First Instance within three days of the date on which the complainant is informed.
2. If the Prosecutor decides to release the accused or leave him free without arrest, the application shall be submitted by the Public Prosecutor to the Court of First Instance within three days of the arrival of the papers to his table for viewing.
Article 111:
The provisional detention of the accused in a capital offense or life imprisonment shall not be provisional.
The Public Prosecution shall order the provisional release of the accused who is remanded in a felony or misdemeanor at any time, either on its own motion or at the request of the accused, unless the accused has been referred to the competent court for trial.
Article 112
In cases other than those in which the temporary release is obligatory, the release may be suspended on the provision of a personal or financial guarantee. The member of the Public Prosecution or the judge assesses, according to the circumstances, the amount of the financial guarantee. Executing the judgment and performing all other duties imposed on him.
Article 113
The amount of the guarantee shall be paid by the accused or from others, and this shall be deposited with the estimated amount in the treasury of the court, and it may be accepted from any person who has filled the pledge to pay the estimated amount of the guarantee if the accused violates the conditions of release, and a pledge to that effect is taken in the investigation record or a report in the Registry of the book,
The report or report shall have the power of executive support.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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