Criminal case is the case of fault and penalty definite in criminal code and other law code as Act which is criminal penalty.
Criminal penalty categorized in 5 are death, imprisonment, confinement, fine, and forfeiture of property.
Persons concern with criminal case:
- Alleged offender means a person who is alleged to have committed an offence but has not yet been charged in court.
- Accused means a person who has been charged in court with commit of an offence.
- Injured person means a person who has injured by any cause of an offence, including any other person who has power to act on behave such as juristic person proxy, legal proxy of minor, etc.
- Public prosecutor means an official whose duty is to prosecute an accused.
- Inquiry official means an official to be vested by law with the power and duty to conduct an inquiry, as police official rank from Police Captain or Police Captain equivalent or higher.
Normal criminal case procedure begins with an injured person reports to police officer by accusation of offender, and commit injured an injured person. On accusation, the injured person intends for the offender to be in penalty (called appeal).
Upon the police officer received the report shall inquire and investigate witnesses and evidences for case collection.
Upon inquiry official collected witnesses and evidences, summarizes inquiry collection and opinion with the inquiry collection.
In some case injured person may file lawsuit to the court directly.
2 periods of bail in the court
First period: When inquiry official or public prosecutor brings offender for court order of confinement and court permits for confinement that is considered that the offender is under court control.
Second period: When court accepts the charge from plaintiff, the offender is on state of the accused under confinement of court control.
In case a person intends provisional release for an offender or an accused shall apply request for provisional release during investigation or on trial, depending on case.
Period of court permission for bail
During investigation is equal to the period of court permission to confinement until charge or not charge the case.
During court trial bail contract is usable until court judgment or other court order.
Upon an alleged offender or an accused in confinement by court, the beneficiary is able to request for provisional release by justifying bail or personal bail.
Any question on bail shall ask from public relation official only.