Bail conditions set to prevent repeat offences, say legal experts
All cases must be treated fairly, say judicial experts as the opposition raises questions over activist’s death
Legal experts say the courts’ practice of setting bail conditions is aimed at preventing repeat offences and it is a standard practice ensuring fairness to all parties involved.
These comments came after opposition politicians blamed the death of young political activist Netiporn “Bung” Sanesangkhom on the fact that she was denied bail.
Move Forward MP Rangsiman Rome said on Thursday that Netiporn’s death on Tuesday was needless and proved that it was wrong to deny temporary release to repeat offenders when their case has not gone to trial and a final verdict has not been issued.
A high-ranking source in the judiciary said that denying bail to repeat offenders can prevent the defendants from committing more wrongdoing or causing further problems for society.
“It is a way of protecting society,” the source added.
For instance, the source said, violent offenders could commit the same offence again and again after being granted bail unconditionally.
“If no conditions are set for bail, courts will have to release defendants every time they come to court,” the source said.
When asked if cases that are political in nature should be exempted from this rule, the source said all cases should be treated fairly, though courts may grant unconditional bail for offences committed out of carelessness, for which penalties are lenient.
Meanwhile, a source at the Office of the Attorney General said measures to prevent repeat offences is a standard practice to curb a surge in criminal activities seen in Thailand over recent years.
“Even though everybody has constitutional rights and liberties, you can’t violate the law. Once a violation is committed, you come under the control of the law,” the source said.
The source also pointed out that the judges involved have to follow a standard practice in determining whether bail should be granted, otherwise they can be charged with malfeasance.
The prosecutor said that repeat offenders would ignore the judiciary’s authority if they could get bail unconditionally, and the consequences could be severe with such serious crimes as murder, arson or drug trafficking.
“And if courts cannot revoke bail, they are left without any measures to prevent repeat offences,” the source said, citing a typically lengthy court trial involving witness examination.
In response to an argument that defendants of political offences should be treated differently, the source said all cases should be treated equally.
“If defendants in political cases are released on bail, those facing murder or drug-trafficking charges should also be treated the same. Won’t that bring a collapse of the justice system?” the source said.
