PROBLEM OF PROVISIONAL RELEASE WITH SECURITY

Abstract

The problem of provisional release with security is one of the problems in criminal justice system. This article examines causes, problems and solutions of provision release with security. Because of this problem, this article applies in criminal procedure law, regulation of President of the Supreme Court and suggestion of President of the Supreme Court. This analysis shows the problem of provision release with security has still remained. The provision law, rules and suggestions of President of the Supreme Court were amended, yet the judge has tended to rely on bail and security as financial conditions for release and pre-set security by Standard Guidelines for Bail Security of the Provisional Release of the Allege Offender or the Accused. Therefore, poor accused and alleged offender can’t provide. This also shows problem of social inequality. This article suggests that judicial discretion should be limited by amending the provision law “In this case having the maximum imprisonment not out of three years the arrested person will be superintended as the time when one's plea will be asked and one will be known as whom and where is one's place only unless there is a cause under section 108/1 (1)-(3)”