The following information was sent on 12 June 2003 from the law firm of Dr. Parviz Savrai and Associates in Tehran:

In [the] case [of] a person who offers his/her own property or money to bail out a person being detained in Iran, the Iranian authorities will issue a document under the title of "Injunction for the acceptance of security." ... The contents of this document are as follows: Date; Case Number; "Injunction for the acceptance of security"; ... Pledger's Name and Surname, Pledger's Father's Name, Pledger's Identification Card Number, Pledger's Address, Pledger's Telephone Number; Court; Branch Number; Nature of Charge; Property, money or bank guarantee to bail; "The defendant came before me (the Judge) and signed this undertaking of bail and accepted that failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security. He acknowledged receipt of a notice setting out the accused person concerning the conditions of his or her bail and the consequences of his or her failure to comply with those conditions."

Injunction: The Judge writes as follows: "I satisfied myself before releasing the defendant that he/she and the surety/sureties understood the nature and extent of the obligations of the defendant under the conditions of his/her bail and the consequences of his/her failure to comply with them." Signature of Accused ... Judge's signature.

...

There is not a particular document to be issued, if the person on bail does not respond to a court summons. According to Article 140 of the Law of Criminal Procedure of Iran, failure of the person released on bail to surrender himself at the appointed time, results in forfeiture of the security.

The law office also provided an overview of bail regulations in Iran:

The conditions governing bail are contained in the ... Law of Criminal Procedure of Iran (Articles 132-147). According to the Law of Criminal Procedure of Iran, [b]ail is the release of one, charged with an offense or crime by insuring his future attendance in court or other judicial authorities and compelling him to remain within the jurisdiction of [the] court. Generally, bail may be in the forms of money, property or the financial suretyship of any recognized person in society.

Under Article 132 of the Law of Criminal Procedure of Iran, [b]ail may be in the forms of the following:

1. Injunction binding the accused to appear, on the honour of the accused.

2. Injunction binding the accused to appear, provided that the accused undertakes to pay an amount of money, if he or she fails to appear in court when ordered to do so or upon breach of a material condition of release: A written undertaking, executed by the defendant, that the defendant designated in such instrument will, while at liberty as a result of an order fixing bail and of the execution of a bail bond in satisfaction thereof, appear in a designated criminal action or proceeding when his attendance is required and otherwise render himself amenable to the orders and processes of the court, and that in the event he fails to do so, the signer of the bond will pay the court the amount of money specified in the order fixing bail.

3. The surety or sureties who procure the release of a person under arrest, by becoming responsible for his appearance at the time and place designated. Those persons who become sureties for the appearance of the defendant in court will pay the court the amount of money specified in the order fixing bail, if the defendant fails to appear in court when ordered to do so or upon breach of a material condition of release.

4. Secured bail bond: A bail bond for which the defendant or the surety is fully liable upon failure of the defendant to appear in court when ordered to do so or upon breach of a material condition of release, but which is secured by any deposit of or lien upon property or money.

The security may be cash, the papers giving title to property, or [a] bank guarantee. According to Article 140 of the Law of Criminal Procedure of Iran, failure of the person released on bail to surrender himself at the appointed time, results in forfeiture of the security.

However, under Article 143 of the Law of Criminal Procedure of Iran, the accused or the surety has the right, within ten days after service of the process, to protest to the Appeal Court against the forfeiture of the security. In accordance with Article 144 of the Law of Criminal Procedure of Iran, when the sentence becomes final at the end of [the] trial, or if the accused is found not guilty, the guarantee will be given back.

... Normally an accused is granted bail unless it is likely that he will abscond, or interfere with witnesses, or unless he is accused of a serious crime and is likely to [repeat] it, if released; e.g., it is usually refused when the accused is charged with murder. At the time of trial, the court may decide to detain a person previously released on bail. A suspect who has been convicted previously or in whose case removal of proof of guilt is impossible may not be released on bail. Under the Law of Criminal Procedure of Iran, the accused has the right to protest to the Appeal Court against the arrest warrant (temporary detention award).

... It should be noted that Judges have wide discretionary powers as to whether or not bail should be granted, and for what sum. In other words, authority to release a suspect on bond belongs to the judge. The monetary value of the security known also as the bail, or, more accurately, the bail bond is set by the court having jurisdiction over the prisoner.

However, Article 134 of the Law of Criminal Procedure of Iran specifies that the judges making [an] order in this regard, should take into account the degree of the crime committed, the degree of the punishment of the crime or the offense, reasonable grounds for believing that accused to be arrested has committed a crime or crimes, or it is likely that the accused will abscond, past records of the accused, accused's age, etc. Finally, if bail is granted to a person under the Law of Criminal Procedure of Iran, the judge must record a statement of reasons for making the order. (Dr. Parviz Sarvai and Associates 12 June 2003).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Dr. Parviz Savrai and Associates, attorneys at law [Tehran]. 12 June 2003. Correspondence.