Criminal liability for third person's act: case of release on bail

Bail on surety

A surety is a person who is primarily liable for the payment of another's debt or performance of another's obligation^126(*). In accordance with article 104 of criminal procedure a bail can be in form of bond or person standing as a surety.

A surety is responsible to ensure that the accused attends court as required until the case is over. He/she is also responsible to ensure that the accused abides by the conditions of his/her release^127(*).

The judge may release the defendant to the custody of some responsible person, who agrees to exercise custodial supervision and to ensure responsibility for the defendant's required court appearance^128(*). It is the case of prosecutor v TWAHIRWA Théogène and MUKURARINDA J. Bosco, one director another accountant of school owned by the church UEBR. Both were accused of issuing cheques without sufficient funds to the school's food suppliers. For being released they pledged the church UEBR as their surety^129(*). One can wonder if such kind of suretiship is legally allowed in contractual liability.

Bail conditions

Article 91 of criminal procedure states that a suspect can be subjected to one or several bail conditions provided for in article 102 of the same law. Those conditions are:

- To live in a determined location;

- Not to travel a prescribed area without prior permission;

- Not to travel a specific area or not to be found in certain location at a given time;

- To report at given periods before a public prosecutor or a public servant;

- To appear before a public prosecutor in charge of preparation of his/her case file or before a judge or magistrate if it is required to do so;

- To present persons of integrity to stand for his/her surety^130(*).

* ¹²⁶ Encyclopedia Americana vol. 3 Americana corporation, new York- Chicago- Washington, DC, 1961, /surety/

* ¹²⁷ Htt://www.defenselaw.com/bail-4html accessed on 12^th September, 2011

* ¹²⁸N.UMUHOZA, Op.Cit., p.8.

* ¹²⁹ RPGR 290036/S1/2005/BG/SA, Order n^o 47/2005/ TB/GIKONGORO of provisional release of 12/08/2005 prosecutor v T.TWAHIRWA and J.B.MUKURARINDA, stated by N. UMUHOZA, Id., pp29-30

* ¹³⁰ Code of criminal procedure, Op.Cit., art. 102