Офис за предоставяне на гаранции + разсъждение
Предвид на това, че в нашето законодателство такова нещо не съществува, е малко трудно да се даде кратък и същевременно съвсем точен превод.
What is a bail bond?
A bail bond is a written guarantee that a defendant will attend all further Court proceedings. Bail is set by a court to make sure that a defendant will appear and also to offer the community protection if the defendant is considered dangerous. The more likely it is that a person is dangerous or will not appear in Court when required, the higher the bail will be.
How does the bail process work?
Posting of a bail bond. This process involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court each and every time the judge requires them to.
For this service, the defendant is charged a percentage of the bail amount. Before being released the defendant or a relative or friend of the defendant, typically contacts a bail bondsman to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court.
Typically, a family member or a close friend of the defendant will post bail and cosign. Collateral is not always required for a person to be bailed from jail. Often a person can be bailed from jail on the signature of a friend or family member. Cosigners typically need to be working and either own or rent a home in the same area for some time.
After an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the defendant’s return to court.
If the defendant "skips", the cosigner is immediately responsible for the full amount of the bail. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail enforcement agent incurs while looking for the defendant.
What is Bail?
The term Bail is used in several distinct senses: (1) It may mean the security—cash or bond—given for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant`s appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity.
Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security—either an undertaking or deposit—for the appearance of the defendant before a court for some part of the criminal proceeding).
Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.
What is the purpose of bail?
The purpose of bail is to assure the attendance of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a means of punishing a defendant, nor should there be a suggestion of revenue to the government.
Do I get my money back after the defendant goes to court?
When the bailbond has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the return of the defendant to custody. After conviction, the defendant appears for sentence. If sentenced to imprisonment the defendant is committed to the custody of the sheriff, and the liability of the surety terminates. You will not receive any money back that you have paid a bail bondsman.
What if the person I bail out skips?
The surety or depositor may arrest the defendant, or authorize a bail enforcement agent or private investigator to do so for the purpose of surrendering him into custody to ensure his future appearance. This extraordinary power of the bail bondsman is of ancient origin. When bail is given, the principal is regarded as delivered to the custody of his sureties. The following may be authorized to arrest a bail fugitive: A certified law enforcement officer. A person licensed by the State to do so (i.e., holding a bail license in another state and authorized in writing by the bail or depositor to make the arrest). A person contracted and authorized in writing by the bail or depositor to do so, Bail Recovery Agent, A private Investigator. Persons doing the foregoing have been called bounty hunters, yet the term does not fit the facts of today`s world, they are acting under contract.
If the defendant does not appear and the court orders a forfeiture, can it be set aside if he later appears?
A court will sometimes order bail forfeited on the defendant’s nonappearance, then vacate the forfeiture to reinstate the bail when the defendant appears and offers an explanation for the absence. Some instances of this would be the nonappearance because of death, illness, or insanity, or detention by civil or military authorities, and if the absence was not with the connivance of the bail (acquiescence of the bonding company to the absence). An example of illness would be where the defendant is confined to bed by reason of a doctor’s order. If a defendant flees and the prosecuting agency does not seek extradition the bail may be exonerated.
След всичко, посочено по-горе е ясно, че това са частни организации. Ето защо, според мен думата "служба" не може да бъде използвана, тъй като в българския език тя е маркирана и носи елемент на държавен орган. Така, че се спирам на варианта
офис за предоставяне на гаранции
Note added at 1 hr 14 mins (2004-01-22 09:35:36 GMT)
Друг вариант е Агенция за предоставяне/осигуряване на гаранции.
Note added at 2 hrs 51 mins (2004-01-22 11:11:42 GMT)
Поръчително дружество също съществува като термин.