What is the security deposit and what is it used for? What is the deposit for good conduct?
Surely you will have happened to see some American detective films where the culprit, taken to prison, was able to regain his freedom by paying a sum of money: the famous bail. Likewise, following the international judicial record, you will have heard of famous celebrities who, placed behind bars, immediately released themselves by paying the bail set by the judge.
Well, you must know that this type of institution, that is the bail, exists in the Italian legal system, but it does not correspond to the mechanism I have just illustrated. In other words, if you are arrested you cannot get rid of paying a sum of money.
Why not? Because, if that were the case, only the wealthiest could afford to do it (momentarily) frankly, avoiding pre-trial detention. So what is meant by bail, according to Italian law? If you are asking yourself this question, I invite you to continue reading the article: we will see together what the penalty is.
Deposit: what is it?
Before explaining to you what the bail is, it is good to tell you what is meant, in general, for bail. Although the law does not provide a definition, the security is an institution well known to civil law and consists of a property paid as a guarantee. In other words, security is the deposit of money made to guarantee the fulfillment of any future obligations. For example, the code of civil procedure states that, if the effectiveness of an enforceable title (for example, a sentence) is subject to bail, one cannot begin forced execution until the bail has been paid.
Penal deposit: what is it?
In the criminal law, the security fulfills a function of guarantee not dissimilar from that seen above for the civil law: the code of penal procedure says that it is not possible to proceed with the attachment of the assets of the accused or the civil responsible if they offer a bail suitable to guarantee the payment of the expenses deriving from the unlawful conduct (that is, in substance: the compensation for damages in favor of the injured person; the payment of the pecuniary penalty and that of the costs of justice).
In practice, this happens: to avoid the suspect / accused being able to default on the pecuniary obligations arising from his conduct (one above all: compensation for damage to the victim), the injured person or the public prosecutor can ask the judge for the seizure of its assets. The suspect/defendant, however, can escape the seizure if he offers security guaranteeing his future fulfillment: for example, a sum of money or a good. The same can be done when the seizure has already been ordered: if the judge considers the bail proportionate, orders the release of the assets.
Deposit of good conduct: what is it?
There is another form of bail: the bail of good conduct. The guarantee of good conduct is an asset security measure which consists of the deposit, at the Casa De Finance, of a sum not lower than 103.29 nor higher than 2.065,83 euros. The duration of the bond of good conduct may not be less than one year, nor more than five, and shall run from the day on which the deposit was given.
What is the bond of good conduct for?
It is easy to say: the aim is to prevent a person from falling in the face of the possibility of losing the deposit paid. In practice, the law tells you this: if you behave well, I give you back my bail; otherwise, I hold it definitively.
The guarantee of good conduct can be imposed, at the discretion of the judge, assessed the personality of the subject, towards those who are subjected to a measure of personal security and, more specifically, to those who:
- have transgressed the obligations of probation;
- they failed to comply with the ban on taverns and shops selling alcoholic beverages;
- the period of admission to the workhouse or agricultural colony ends, if the judge does not order probation.
If the obligation of good conduct is respected, the judge, after the established period, orders the restitution of the sums or the extinction of the guarantees given. Instead of paying a sum of money, the provision of a surety guarantee is permitted.