Abstract
Bail is an important element of legal jurisprudence that its establishment has a long history. The scope of this contract is to the extent that is seen in almost all civil, criminal, commercial, intellectual and political matters. This legal institution today as one of the most common supporting arrangements is used for both private contracts and the judicial authorities. Due to the realization of this contract, the bailsman will be required to fulfill promised obligations. Obligatory bail includes those cases that cause the contracts lost the legal and contractual aspects and takes ruling and obligatory role. The necessity of this discussion arises from the need that the perpetrators of various crimes that in some cases encounter arresting and imprisonment escape in different ways and are excluded from the scope of justice and law enforcement. Since committing any crime has its own punishment, whether in the second case, another person that escaped wrongdoer is considered the same punishment or other legal actions will be with him? In this study, we investigate the causes and principles of this sentence.
Highlights
Bail contract is correct for us (Emamie Scholars) and it is correct for most of Sunat jurists, too but some of their jurists said that it is not true
No harm account: Sahebe Javaher in the case of obligatory bailment responsibility says: there is no bailment in common meaning and the sponsorship of the bailsman is dedicated to creating sponsorship contract, but this does not prevent a person commits bail enforcement is absolved of responsibility but according to the rule of no harm and other reasons, this person should compensate the losses
In such crime if a person causes the release of these people, it should be said that the financial terms of their bail fund guarantee is fairly large amounts and it is possible to collect bail funds, it seems that obligatory bailsman detention until the presence of person in court is worthy of it that they leave them because it leads to destruction and destabilize the security of community and for arresting accused persons the police spent demanding efforts
Summary
Bail contract is correct for us (Emamie Scholars) and it is correct for most of Sunat jurists, too but some of their jurists said that it is not true. One of the topics that has been less discussed is obligatory bail, in the event, this type of bailment is that the use of force and domination it will create legal effects on bailsman, pledged, obligee, the judiciary and others involved in. Committed person is called bailsman, and other third party is called pledged and the other party is called obligee. Common meaning: bail is a type of bond that common people call it a person’s guarantee. This means that someone commits every time a person who is entitled to ask others to summon, he can summon him and maybe it is for financial rights such as debt or human rights. Committed Person is called bailsman, the second party is called obligee and third party is called pledged"(Article 374 of the Civil Code)
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