Decision on Whether the Bail of the Accused and the Defendant Must Be Approved by the Procuracy

Question: According to the provisions of the law, does the decision to grant bail to the accused or the defendant require the consent of the Procuracy? Hoping for an early response.

At Clauses 4 and 5 of Article 121 of the Criminal Procedure Code 2015. To be specific:

- The persons having the authorities stipulated in Clause 1 of Article 113 of this Code, and the presiding judge of the court session have the right to issue bail decisions. Decisions of the persons regulated at Point a, Clause 1, Article 113 of this Code must be approved by the same-level Procuracy before being executed.

- The bail duration must not exceed the investigation, prosecution, or trial duration as prescribed by this Code. The bail duration for a person sentenced to imprisonment must not exceed the time from the sentencing until the person begins to serve the prison sentence.

=> Thus, according to the above stipulations, bail decisions by the Heads and Deputy Heads of Investigation Agencies at all levels must be approved by the same-level Procuracy, whereas the decisions of other subjects do not require Procuracy approval.

Respectfully.

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