Bail in criminal proceedings: how much it costs and how to get the money back

Bail is one of the preventive measures in criminal proceedings. It consists in depositing a sum of money set by the court, which is intended to guarantee that the suspect or the accused will comply with the obligations imposed on them. The procedure for applying bail is laid down in Article 182 of the Criminal Procedure Code of Ukraine (CPC).

How the amount of bail is determined

There is no single bail figure that applies to every case. Under Article 182(4) of the CPC of Ukraine, the court sets the amount having regard to the circumstances of the criminal offence, the property and family situation of the person, other information about them, and the risks set out in Article 177 of the CPC of Ukraine. Bail must not be knowingly beyond the person’s means.

Article 182(5) of the CPC of Ukraine establishes the limits of bail depending on the gravity of the offence. For a less grave offence it ranges from 1 to 20 subsistence minimums for able-bodied persons, for a grave offence from 20 to 80, and for a particularly grave offence from 80 to 300. In certain cases involving a grave or particularly grave offence, the court may set bail above the maximum limit established by law if it considers that the standard amount is not sufficient to secure compliance with the obligations.

Bail may be deposited either by the suspect or the accused themselves, or by another natural or legal person acting as the depositor.

When bail may not be returned

If the suspect or the accused breaches the obligations laid down by law, the bail may be forfeited to the state. Such consequences are provided for by Article 182(8) of the CPC of Ukraine. In particular, the question may arise where the person fails to appear when summoned without good reason, or breaches other obligations imposed on them.

If there are no grounds for forfeiture, then once this preventive measure ceases to apply, bail that has not been forfeited to the state is returned to the depositor. This is expressly provided for by Article 182(11) of the CPC of Ukraine. Where the money was deposited by the accused themselves, the court may also use it to enforce the judgment in the part concerning pecuniary claims. Funds deposited by another person may be applied to such purposes only with that person’s consent.

In practice, recovering bail may call for a separate application and properly drawn-up documents, so the wording of the court decision and the circumstances of the particular proceedings need to be taken into account.

If you still have questions about depositing or recovering bail, or you need legal assistance in criminal proceedings, contact the lawyers of the “Strategic Advocacy” law association.