JP2006048233A - Bail bond system - Google Patents

Abstract

<P>PROBLEM TO BE SOLVED: To provide a bail bond system for determining whether or not the bail bond should be executed from the point of view of whether or not a defendant satisfies conditions for the bail allowance determined by a court. <P>SOLUTION: This bail bond system for determining whether or not the bail bond should be executed is provided with a defendant information acquiring part, a determination part for determining whether or not bond should be executed based on the defendant information, a storage part for, when it is determined that bond should be executed by the determination part, storing the determination result by associating it with the defendant information and an escape presence/absence information adding part for adding information related with escape as the information of the defendant stored in the storage part after the defendant is freed on bail. The determination part determines the execution of bond by using the information stored concerning the other defendants in the past in the storage part at the time of executing bond. <P>COPYRIGHT: (C)2006,JPO&NCIPI

Description

  The present invention relates to a bail deposit reimbursement system for determining whether or not to perform the replacement of a bail deposit paid to permit bail.

  The bail system is a system in which the court stops the execution of detention against a defendant who is detained in a criminal case, subject to payment of a security deposit, etc. (Criminal Procedure Act Article 88, Paragraph 1) , Article 93 (1), etc.). All criminal accused are acquitted until convicted by trial (such as the Universal Declaration of Human Rights). Therefore, even for the accused, it is necessary to ensure the physical freedom that is indispensable for human dignity unless it is unavoidable. The bail system is said to be recognized from this point of view. For the purpose of this system, if a request for bail is made, the court must permit it unless it falls under certain circumstances (Article 89 of the Criminal Procedure Code). ).

  However, in order for bail to be granted, payment of a bail deposit is required in principle. This is to prevent the accused from fleeing and secure the appearance of the accused. That is, if bail is allowed, the accused may escape or destroy the guilt. Therefore, in the case of any of these reasons, in addition to canceling bail, the bail deposit paid shall be confiscated and the defendant's appearance will be secured by giving the defendant an economic and mental burden. That is the purpose.

  Bail deposits can be paid with the permission of the court, as well as those who can request bail, such as defendants and their relatives (bail holders). However, if there is no funds in the hands of these persons, it is possible in the system to have a third party convert it and pay it, but at present there is no system for executing such bail deposit replacement unknown. For this reason, when you are going to receive bail, if you do not have your own funds, there is no other way than to obtain a loan from a financial institution and use it as a bail deposit.

In a technical field different from the present invention, for example, an invention relating to “a debt service support system and a debt service support device” is known as a system for executing a change (see Patent Document 1). The purpose of this is to provide a debt repayment support system, etc., that supports debtors to be able to repay debts promptly. (1) Second Based on the proxy payment guarantee information from the financial institution, the advance payment request information transmitting means for generating the replacement payment request information for the first financial institution and transmitting it to the first computer is (2) from the first financial institution. Replacement payment schedule generation / update means for generating replacement payment schedule information including the amount of replacement payment, payment destination and execution time based on the replacement payment determination information, (3) Replacement payment execution request information based on the replacement payment schedule information (4) Based on the advance payment execution request information, the first financial institution makes a change to the creditor. Through means and processes such executes had, creditors an invention which is characterized in allowing to receive payment promptly debt without waiting proxy payment by a second financial institution.
JP 2004-163988 A

  The rate at which detained detainees are released on bail (bail rate) has been on a long-term decline since the 1970s, and is said to be at a very low level (about 11-13%) in recent years. One reason for this is that there has been an increase in the number of defendants who are unable to prepare bail deposits, and there is a view that this trend will intensify in the future, reflecting the widening economic disparity (for example, Asahi Shimbun article dated November 30, 2003). Also, in practice, there is a bail deposit that should be paid by the bail claimant, etc., even though there is no reason for the accused to be allowed to bail, such as the risk of escape or the disappearance of guilt. It has also been pointed out that there are many cases where bail is not allowed just because it is impossible. In this case, as mentioned above, if you do not have your own funds, it is possible under the system to have a third party convert it and pay it, so you can receive a loan from a financial institution, etc. Although it is conceivable, it is also pointed out that there are many cases where bail ends without permission because it is not possible to receive loans from financial institutions due to bankruptcy declarations or multiple debts Has been.

  However, if bail is not permitted for these reasons, the defendant who is supposed to have physical freedom without any fear of running away or guilty disappearing will continue to be unjustly detained. This is not appropriate from the viewpoint of respect for human rights. In addition, this is considered to be contrary to the purpose that the law widely recognizes eligibility for payment of bail deposits (Article 94, Paragraph 2 of the Criminal Procedure Law).

  Note that it may be a problem that the bail deposit cannot be replaced using a system that is easily conceived from the invention shown in the above-mentioned Patent Document 1. However, the invention is a system for executing advance for the purpose of supporting reimbursement based on the premise that there is a relationship between receivables and debts. To do. Therefore, as mentioned above, the replacement of bail deposits for those who cannot receive loans from financial institutions due to bankruptcy declarations or multiple debts has a different purpose in the first place. . Further, the configuration of the invention is considered to be essentially different, reflecting such a difference in purpose. In other words, the present invention lacks a component for making a substantive judgment as to whether or not replacement should be executed in the first place. Therefore, in a system that is easily conceived from the conventional invention including the invention disclosed in Patent Document 1, it is not possible to prepare a bail deposit including those who cannot receive a loan from a financial institution for reasons such as a bankruptcy declaration. It is considered difficult to provide support for the replacement of bail deposits.

  Therefore, in order to support the replacement of bail deposits for those who cannot prepare bail deposits, including those who cannot receive loans from financial institutions, etc., it is necessary to determine whether or not to implement bail deposits. Whether the defendant who is subject to bail should be granted physical freedom from the standpoint of respect for human rights, not from the viewpoint of the ability to repay the person who intends to receive the replacement. In other words, it is essential to build a system that can be used from the perspective of whether or not the accused meets the conditions to receive a court bail permit decision.

  In order to solve the above-mentioned problems, the present invention provides a bail for determining whether or not to execute the replacement of the bail deposit paid to permit the bail of a defendant detained in a criminal case. A security deposit system, a defendant information acquisition unit that acquires information on a defendant who is to be subject to a bail security deposit, and a determination unit for determining whether to perform a change based on the defendant information; If the determination result of the determination unit is a determination result that the change is executed, an accumulation unit for accumulating the determination result in association with information on the accused, and information on the escape after bail of the accused And an escape information adding unit to be added as information on the accused stored in the accumulating unit, and the determining unit is configured to perform another change in the accumulating unit in the past. Accused There is provided a bail deposit reimbursement system which can be determined by using the information that has been accumulated regarding.

  The bail deposit replacement system according to the present invention determines whether or not to perform bail deposit replacement for those who cannot prepare bail deposits, not from the viewpoint of the repayment ability of the person who intends to receive the replacement. Of a system to do from the perspective of whether or not the accused is a person who should be granted physical freedom from the standpoint of respect for human rights, in other words, whether or not the accused meets the conditions for receiving a court bail permit decision Is possible. Also, as a result of this, there is no risk of escape or criminal disappearance, and bail deposits cannot be provided due to the inability to receive loans from financial institutions, etc., although physical freedom should be permitted. Defendants who have not been granted bail permission in the past will be more likely to be granted bail due to the execution of replacement based on the results of judgments made by the system, which will contribute to respect for human rights. Be expected.

  Hereinafter, embodiments of the present invention will be described using examples. The interrelationships among the examples, the embodiments and the claims of the claims are as follows.

  Example 1 This embodiment mainly relates to an embodiment according to claim 1 and the like.

  Example 2 This embodiment mainly relates to an embodiment according to claim 2 and the like.

  Example 3 This embodiment mainly relates to an embodiment according to claim 3 and the like.

  Example 4 This example mainly relates to an embodiment according to claim 4 and the like.

  Example 5 This embodiment mainly relates to an embodiment according to claim 5 or the like.

  Note that the present invention is not limited to these embodiments, and can be implemented in various modes without departing from the scope of the present invention.

  <Overview>

  FIG. 1 is a diagram illustrating an example of the flow of bail deposit replacement, payment, etc. using the bail deposit replacement system according to the present invention as a premise for explaining the concept of the present embodiment. Hereinafter, a description will be given based on FIG.

  (1) Defendants in pending detention or related persons who apply for the replacement of bail deposits that must be paid in order to permit bail for the accused (hereinafter referred to as “applicant”) 0101 Then, an application is made to Company X 0102, which is a company that operates the bail deposit replacement system according to the present invention. Defendants 'officials are typically defendants' legal counsel, legal representatives, guardians, spouses, direct relatives or siblings who are eligible for bail claim under Article 88 of the Criminal Procedure Code. However, it is not limited to these, and anyone who is related to the accused may be used. For example, it may be a boss / colleague / subordinate of the accused, a friend of the accused, or the like.

  (2) In Company X that has received the application, it is determined whether or not to perform the change using the bail deposit replacement system. The determination is made based on information about the accused.

  (3) If the judgment result is to execute a change, Company X notifies the applicant that it has made a change and a notification to introduce Y Company 0103 as the person who will make the change. These notices are, for example, in one document: “I have decided to carry out the advance for your application, so I will introduce Company Y as the advancer. Please do it. " In addition, when the said judgment result is that execution is not performed, Company X notifies the applicant to that effect.

  (4) If it is determined that the change will be executed, Company X will also notify Company Y, which is the company that executes the change, of the determination result and the applicant in parallel with the notification of (3). Notification of introduction is made.

  (5) The applicant makes an application for advance with Company Y, and Y Company accepts the application and the contract for advance is concluded. In the contract, the amount of advance payment, the recipient of the advance payment, the due date for the advance payment, etc. are determined.

  (6) Company Y remits the advance payment based on the contract. In this example, the remittance destination is the defendant's counsel 0104.

  (7) The counsel in charge pays a bail deposit to the court 0105 using the replacement money. As a result, the court's bail permit decision can be enforced (Criminal Procedure Act Article 94, Paragraph 1), and the defendant's personality is released.

  (8) If the defendant has not escaped and the bail period has passed, the bail deposit will be returned from the court to the attorney who is paying the bail deposit. If the accused escapes during the bail period and falls under certain reasons, the bail may be canceled (see Article 96, Paragraph 1 of the Criminal Procedure Code). In such cases, the bail deposit will be confiscated.

  (9) If the bail deposit is returned from the court to the counsel in charge, the counsel in charge will use the returned bail deposit to return the advance payment to Company Y.

  In the above example, the case where the person who determines whether or not to perform the change and the person who executes the change are different entities, but both may be the same entity.

  FIG. 2 shows an example of the concept of this embodiment. Hereinafter, a description will be given based on FIG.

  (1) Company X 0101 is a company that operates the bail deposit replacement system 0102 of this embodiment. A0103 is a related person of the accused under detention and is an applicant for replacement of the bail deposit. In this case, A, for example, fills in a predetermined item such as the name and address of the applicant A and information on the accused in the “Bail Assistance Application Form” 0104 prescribed by Company X, and submits it to Company X. Apply for the replacement of the bail deposit with the company.

  (2) When the above-mentioned application is made, the bail deposit replacement system operated by Company X acquires information 0105 regarding the accused to be replaced. The information is necessary as a determination material for determining whether or not the system executes the change. The information includes, for example, the name and address of the accused, whether he / she has a job, whether he / she is a relative living together, his / her name, whether he / she is a first offender / re-offender, whether he / she has been suspected, Name, etc.), and the name and contact information of the counsel in charge. The information is typically acquired based on information about the accused, which is the content described in the above-mentioned “Bail Support Application”, but it is obtained from other sources (eg, a lawyer in charge). There may be. In addition, when acquired based on the contents described in the “Bail Support Application Form”, it is clearly stated that the counsel in charge has approved the contents of the application form to ensure the authenticity of the information. It is desirable that

  (3) Next, the bail deposit replacement system determines whether or not to execute the replacement based on the information about the accused acquired by itself. For example, if the information indicates that the accused is a repeat offense, it may be determined that no replacement will be performed, or the information may indicate that the accused is not suspected. In some cases, it may be determined that the advance is not executed. For this reason, it is preferable that the bail deposit replacement system has a means for holding a determination criterion 0106 for determining whether or not to execute the replacement in advance. In this case, the determination criterion is held as a table in which, for example, information on the accused is associated with a determination as to whether or not to perform a change. A specific example of such a table will be described later (see Table 1). Alternatively, the determination criterion may be held outside the bail deposit replacement system, and the determination criterion may be acquired every time the bail deposit replacement system makes a determination.

  (4) Next, when the result of the above-mentioned determination is to execute a change, the bail deposit replacement system stores the determination result 0107 in association with the information about the accused. The information that associates the judgment result with the information about the accused is stored as a table that associates the information about the accused and the judgment result of performing the change with respect to the accused, for example. A specific example of such a table will also be described later (see Table 2).

  (5) Next, the bail deposit reimbursement system adds and accumulates information 0108 related to the accused's escape after bail as information on the accused accumulated in himself / herself. This is because, as mentioned above, the bail may be canceled if it falls under a certain reason such as the accused escaping during the bail period. This is because it is possible to consider the information when determining whether or not to execute the bail deposit payment for the same accused, or to use the information when determining the fee rate. The information includes, for example, an “Escape Information” column in a table that associates the information on the accused and the judgment result of performing the change on the accused, and about the accused's escape after bail in that column. It is stored as a table with added information. A specific example of such a table will also be described later (see Table 3).

  The bail deposit replacement system also stores information 0109 relating to other accused who is different from the accused in the past. Therefore, the bail deposit replacement system can determine whether or not to execute the change using the information stored in itself when executing the change.

  In the case where the above-mentioned determination result is that the advance is executed, the change of the bail deposit will be performed in accordance with the flow described in (3) to (9) in the description based on FIG. Payment will be made. Therefore, the bail deposit advancement system is a means for notifying the applicant of the judgment results, etc. as a means for executing the processing such as the replacement and payment of these bail deposits, and the means for accepting the change application from the applicant. , Having at least one of means for notifying the applicant that the application has been accepted, means for executing reimbursement by remittance of the remittance to the remittance destination, or means for receiving the return of reimbursement from the remittance destination May be.

Table 1 is an example of a table representing the above-described determination criteria. In this table, the information on the accused is related to first offense / re-offending, whether or not suspected, whether there is money on hand, whether there is an identity underwriter, whether there is a residence, whether there is a occupation, whether there is a relative living together Information is listed. And as a criterion for determining whether or not to perform the advancement associated with these information, in the case of re-offending or refusing the suspect, regarding the two items of whether or not to admit the first crime and re-offending If the change is not executed regardless of the status of the other items and 3 items out of the remaining 5 items are “None”, the change is not executed regardless of the status of the above 2 items. If none of the above applies, the criteria for performing the change is indicated.

Table 2 is an example of a table associating the above-described information on the accused and the determination result of executing the change on the accused. In this table, among the information on the accused listed in Table 1, the first crime and the suspect are recognized for the two items of whether or not the first crime / recidivism is recognized. Since the remaining 5 items also satisfy the criteria for 3 items, it is shown that the decision result is that execution of replacement is performed as a conclusion.

Table 3 provides a “Fleeing Presence Information” column in a table that associates the information on the accused with the judgment result that the accused is to be replaced, and information on the accused's escape after bail in that column. It is an example of the added table. In this table, the “Exit Information” column is added to Table 2, and since the accused did not escape during the bail period, an example of adding information to that effect is shown in the same column. .

  <Configuration>

  FIG. 3 is a diagram illustrating an example of functional blocks of the present embodiment.

  Each unit, which is a component of the present invention, is configured by either hardware, software, or both hardware and software. For example, as an example for realizing these, when a computer is used, hardware composed of a CPU, a memory, a bus, an interface, peripheral devices, and the like, and software executable on these hardware are listed. Can do.

  Specifically, the functions of the respective units are realized by sequentially executing the programs developed on the memory, by processing, storing, and outputting data on the memory and data input through the interface.

  The bail deposit replacement system 0300 of the present embodiment is a bail deposit replacement for determining whether or not to execute the replacement of the bail deposit paid in order to permit bail of a defendant detained in a criminal case. The system includes an accused information acquisition unit 0301, a determination unit 0302, a storage unit 0303, and an escape information addition unit 0304.

  The accused information acquisition unit is configured to acquire information regarding the accused to be subject to the replacement of the bail deposit.

  The “information about the accused” means information about the attribute of the accused who is the object of bail, and “the accused information” has the same meaning. Such accused information includes, for example, information such as the name, address, gender, and age of the accused, but particularly important accused information is information related to determining whether the accused is allowed to bail. It is. As will be described later, this decision is made based on the accused information, but the decision should be as inconsistent with the court's decision on whether to allow bail. This is because it is important. From this point of view, the important information that falls under the accused information is whether it is the first offense or re-offending, whether or not suspected, whether there is any funds to be paid as a bail deposit, whether there is an underwriter, whether there is a residence , Information on the existence of occupations, information on the presence or absence of relatives living together, information on the possibility of suspending executions, etc.

  The determination unit is for determining whether to perform a change based on the accused information.

  Here, an example of a specific configuration in the case where the determination unit determines whether to perform a change based on the accused information will be described. In this example, the accused information is the first offense or recidivism, whether or not suspected, whether there is any funds to be paid as a bail deposit, whether there is an underwriter, whether there is a residence, whether there is a occupation, whether there is a occupation, and the relative of the living relative Information about presence or absence.

  Further, the determination unit has in advance a determination criterion for determining whether or not to perform the change. In this example, the determination criteria are held as the same table as that shown in Table 1 above.

  The determination unit is configured to determine whether the information related to the accused is a first offense or a recidivism according to the above-described determination criteria, and to determine that the replacement is not performed if the recidivism. Similarly, when the accused does not accept the suspicion or when 3 items out of the remaining 5 items are “none”, it is determined that the change is not executed. And when it corresponds to neither of these, it is comprised so that the judgment that a change may be performed may be performed.

  The storage unit is configured to store the determination result in association with information about the accused when the determination result of the determination unit is a determination result that the change is executed.

  The escape presence / absence information adding unit is configured to add information related to escape after bail of the accused as information on the accused accumulated in the accumulating unit.

  In addition, the determination unit is configured to be able to make a determination by using information accumulated in the storage unit regarding another defendant different from the defendant in the past when executing the change.

  <Process flow>

  FIG. 4 shows an example of the flow of processing in this embodiment. The processing flow in this embodiment includes the following steps.

  First, in the accused information acquisition step S0401, the bail deposit replacement system of the present embodiment acquires information on the accused to be replaced with the bail deposit (defendant information).

  Next, in the determination step S0402 for determining whether or not to execute a change based on the accused information, if the bail deposit replacement system of the present embodiment determines to execute a change, the determination result is accumulated. In step S0403, the bail deposit advance system of the present embodiment accumulates the determination result in association with information about the accused.

  In addition, the determination in the determination step is performed using information accumulated in the past regarding another defendant different from the defendant by the processing in the information accumulation step regarding the other defendant when performing the change. It is also possible.

  Further, in the step S0404 for adding flight presence / absence information, the bail deposit replacement system according to the present embodiment adds information related to the bail escape after bail as information on the defendant.

  <Effect>

  The bail deposit replacement system according to the present embodiment determines whether or not to execute the bail deposit replacement for those who cannot prepare a bail deposit, not from the viewpoint of the repayment ability of the person who intends to receive the replacement. The system for conducting the system from the perspective of whether the subject accused is a person who should be granted physical freedom from the standpoint of respect for human rights, in other words, whether the accused meets the conditions to receive a court bail permit decision. Construction is possible. Also, as a result of this, there is no risk of escape or criminal disappearance, and bail deposits cannot be provided due to the inability to receive loans from financial institutions, etc., although physical freedom should be permitted. Defendants who have not been granted bail permission in the past will be more likely to be granted bail due to the execution of replacement based on the results of judgments made by the system, which will contribute to respect for human rights. Be expected.

  <Overview>

  The bail deposit replacement system according to the present embodiment is based on the first embodiment, and the determination unit holds information regarding the escape of a non-replacement bail, which is information corresponding to the bail performed without the replacement of the bail deposit. Non-replacement bail escape information holding means for performing the determination using the non-bail escape information held in the non-replacement bail escape information holding means.

  <Configuration>

  FIG. 5 is a diagram illustrating an example of functional blocks of the present embodiment.

  The bail deposit replacement system 0500 of the present embodiment includes an accused information acquisition unit 0501, a determination unit 0502, a storage unit 0503, and an escape information addition unit 0504.

  The determination unit has non-replacement bail escape information holding means 0505. The non-replacement bail escape information holding means is configured to retain non-replacement bail escape information, which is information corresponding to the bail performed without the replacement of the bail deposit, regarding the bail escape. Here, “bail escape” means an act of the defendant during the bail period and there is a sufficient reason to suspect that the defendant escapes or escapes. In the case of `` etc. '', when the defendant is summoned and does not appear for no good reason, the defendant has a reasonable reason to suspect that the defendant will destroy the crime or destroy the crime. , The victim or other person who is deemed to have the necessary knowledge for the trial of the case, or the relative or body of his / her relative, or when he / she is afraid of these persons or the accused There are times when we violate restrictions or other conditions set by the court.

  “Non-replacement bail” means a person who is engaged in bail without a bail deposit. In other words, among those who received bail (bailers), when the bail deposit replacement system of the present embodiment determines to execute the change, it receives the bail using the change executed based on the determination result. A person other than a person (advance bail).

  The non-replacement bail was judged to not perform reimbursement as a result of determining whether the bail deposit reimbursement system performed reimbursement, but was nevertheless released as a result. The person is included. However, this typically applies to those who are bailed without any use of the Bail Guarantee Replacement System, that is, those who are bailed without determining whether or not the Bail Guarantee Replacement System will perform the change. To do.

  Therefore, it is necessary for the bail deposit replacement system to obtain escape information from a person who has been released on bail without using the system at all. Therefore, the determination unit of the bail deposit replacement system of the present embodiment has means for acquiring external information (for example, statistical information of related authorities, etc.) related to the non-replacement bail escape information used for the determination performed by itself. It is desirable.

  “Escape” literally includes when the accused fled. In addition, when there is a reasonable reason to suspect that the accused will escape, if the accused is summoned and does not appear without good reason, the accused may be suspected of destroying the crime or destroying the crime. When there is a reason, the accused tries to harm or add to the body or property of the victim or other relatives who are deemed to have the knowledge necessary for the trial of the victim or other cases, or to act afraid of these persons And when the accused violates restrictions on residence and other conditions set by the court. In these cases, the court can cancel bail (Article 96, Paragraph 1 of the Criminal Procedure Code).

  The “escape information” means the number of cases where the court canceled the bail after the court executed the decision to permit the bail of the defendant and the defendant met the above-mentioned fact of the escape. Refers to information representing the ratio of bail permits (bail cancellation rate), and “non-replacement bail escape information” refers to escape information when the defendant is a non-replacement bail.

  The determination unit is configured to make a determination using the non-replacement bail escape information held in the non-replacement bail escape information holding means. Specifically, for example, when the above-mentioned bail cancellation rate is equal to or higher than a certain ratio, a strict criterion is set and a determination is made based on the strict criterion.

  The rest of the configuration is the same as the configuration of the bail deposit replacement system according to the first embodiment, and a description thereof will be omitted.

  <Process flow>

  FIG. 6 shows an example of the flow of processing in this embodiment. The flow of processing of this part in this embodiment consists of the steps shown in FIG.

  In step S0602 for obtaining non-replacement bail escape information, the bail deposit advance system of the present embodiment obtains non-replacement bail escape information.

  Next, when the bail deposit replacement system according to the present embodiment makes a determination in determination step S0603 for determining whether or not to perform a change based on the accused information, the above-mentioned non-replacement bail escape information described above is used. The determination is made using the non-replacement bail escape information acquired in the acquisition step.

  Since the remaining processing flow is the same as the processing flow in the first embodiment, a description thereof will be omitted.

  <Effect>

  With the bail deposit replacement system according to the present embodiment, it is possible to determine whether or not to perform the bail deposit replacement using non-bail escape information. Judgment is possible.

  <Overview>

  The bail deposit replacement system of the present embodiment is based on the first or second embodiment, and the judgment in the determination unit pays as a bail deposit as information on the accused, whether it is a first offense or a re-offending, whether or not a suspicion is recognized. Use information that includes at least one of the following: information on the existence of funds to be held, presence / absence of underwriters, presence / absence of residence, presence / absence of occupation, presence / absence of relatives living together, and information on the possibility of execution suspended Make a decision.

  <Configuration>

  The bail deposit replacement system of the present embodiment includes an accused information acquisition unit, a determination unit, a storage unit, and an escape information addition unit. Moreover, the determination part may have a non-replacement bail escape information holding means.

  The Judgment Department provides information on the accused, whether it is the first offense or recidivism, whether or not suspected, whether there is any funds to be paid as a bail deposit, whether there is an identity underwriter, whether there is a residence, whether there is a occupation, whether there is a relative, It is configured to make a judgment as to whether or not to perform a change by using information including at least one of information regarding the presence or absence of information and information regarding the possibility of execution of a sentence being suspended.

  The purpose of this configuration is to avoid as much as possible the discrepancies between the judgment of whether or not to perform a change and the court's judgment as to whether or not to actually allow bail. Therefore, it is desirable that the information used when the determination unit determines whether or not to execute the replacement is as close as possible to the elements that are reluctant to determine whether or not the court actually permits bail. Each of the information specifically listed above is considered to be a factor that makes the court judge whether or not to allow bail. For example, it is generally considered that bail is likely to be granted if the offender's offense is the first offense, and that bail is not likely to be granted if it is a second offense, and if the defendant admits his / her charges It is said that bail is likely to be granted, and bail is difficult to be granted if no charges are granted. In addition, it is said that bail is easily recognized if there is any hand-held funds, identity underwriter, residence, occupation, or relatives living together as bail deposits, and bail is difficult to recognize if they do not. Furthermore, it is said that bail is likely to be granted if there is a high possibility that execution will be suspended.

  Here, whether or not the execution of the sentence is likely to be postponed is, for example, whether the defendant has been previously sentenced to imprisonment or higher, or whether there is a person who will oversee the defendant in the future , Depending on various circumstances, such as whether the accused is already subject to sufficient social sanctions. Therefore, the determination unit of the bail deposit replacement system of the present embodiment may have means for determining whether or not there is a high possibility that execution of a sentence is postponed using such a determination element.

  Therefore, if it is considered to be a factor that makes it difficult for the court to judge whether or not to allow bail, the information used by the judgment department to judge whether or not to perform a replacement is not listed above. May be included. Such information may include, for example, whether the accused has been sentenced to death or imprisonment for an indefinite or short term of one year or more, or whether the accused has been previously sentenced to death or imprisonment for an indefinite or long term of 10 years or Suspected that the accused will destroy the guilt, whether or not he has been convicted of a criminal offense, whether the accused has been sentenced to imprisonment for more than three years as a habit, or imprisonment Whether or not there is a reasonable reason for the accused to harm the body or property of the victim or other relatives who are deemed to have the necessary knowledge for the trial of the victim or other cases, or to afraid these persons This could be whether there is a good reason to suspect, or whether the defendant's name or residence is unknown. These are matters that the court must allow when a request for bail is made (Article 89 of the Criminal Procedure Code) unless there is such a reason.

  Judgment on whether or not to make a change using the information on the accused by the Judgment Department is applicable to any one of these information, or if not applicable, the change is made regardless of other information. It may be configured not to execute, or configured so that it is determined not to perform a turnover when a certain number or ratio of information is applicable or not applicable in the whole. May be. Alternatively, these may be combined.

  Below, an example of a structure in case a judgment part judges whether to perform a change using the information regarding these accused persons is shown.

  The determination unit is configured to first determine whether or not to execute a change using information on whether the offense is a first offense or a recidivism. In this case, if the accused is a recidivism, it is determined that the replacement is not executed.

  Next, when the accused is the first offender, the determination unit determines whether or not to execute the change using information on whether or not the accused is recognized. In this case, when the accused does not accept the charges, it is determined that the replacement is not performed.

  In addition, if the accused is the first offender and suspected, the Judgment Department will check whether there is any cash on hand to pay as a bail deposit, whether there is an underwriter, whether there is a residence, whether there is a job, whether there is a relative Using information on the presence or absence or the possibility of execution being sentenced, a decision is made as to whether or not to perform a replacement. At that time, if 3 or more of these 6 items are not applicable (for example, the defendant has the funds to be paid as a bail deposit, the underwriter and the residence, but the occupation, the relative of the living relative If there is no possibility that the execution of the sentence is postponed), it is determined that the replacement is not executed.

  With the configuration as described above, it is possible to avoid as much as possible the discrepancy between the judgment as to whether or not to perform the change and the court judgment as to whether or not the bail is actually permitted.

  The configurations of the accused information acquisition unit, storage unit, escape presence / absence information addition unit, and non-replacement bail escape information holding unit are the same as those in the first or second embodiment, and thus the description thereof is omitted.

  <Process flow>

  FIG. 7 shows the processing in the determination step for determining whether or not to execute the change based on the accused information acquisition step and the accused information acquired in the step of the processing flow in the present embodiment. An example of the detailed flow is shown. In this figure, the same example as described above will be described as an example of the configuration of the present embodiment. The remaining processing flow in the present embodiment is the same as the processing flow in the first or second embodiment, and a description thereof will be omitted.

  In the acquisition step S0701 of accused information (whether it is the first offense or re-offending), the bail deposit replacement system of this embodiment is information on whether the criminal is the first offense or re-offending as information on the defendant to be subject to the replacement of the bail deposit To get.

  In step S0702 of obtaining accused information (whether or not the accused is admitted), the bail deposit replacement system of this embodiment accepts the suspicion as information (accident information) about the accused to be replaced with the bail deposit. Get information about whether or not

  In step S0703 for obtaining accused information (whether there is a hand-held fund to be paid as a bail deposit), the bail deposit replacement system according to the present embodiment bail as information (accident information) about the accused to be replaced with a bail deposit. Obtain information on the presence or absence of on-hand funds to be paid as a deposit.

  In the acquisition step S0704 of the accused information (presence / absence of the identity underwriter), the bail deposit replacement system of the present embodiment includes the presence / absence of the identity underwriter as information (defendant information) regarding the defendant to be replaced with the bail deposit. Get information about.

  Acquiring Defendant Information (Presence of Residence) In step S0705, the bail deposit replacement system of this embodiment acquires information on the presence or absence of residence as information (defendant information) on the accused to be replaced with bail deposit. To do.

  Acquiring Defendant Information (Presence / No of Occupation) In step S0706, the bail deposit replacement system of the present embodiment acquires information on the presence / absence of occupation as information (defendant information) regarding the accused to be replaced with bail deposit. To do.

  In the acquisition step S0707 of the accused information (presence / absence of relatives living together), the bail deposit replacement system of the present embodiment uses the presence / absence of relatives who are living together as information (defendant information) regarding the accused to be replaced with bail deposits. Get information about.

  In the acquisition step S0708 of the accused information (possibility that execution of the sentence is postponed), the bail deposit replacement system of the present embodiment is sentenced as information (the accused information) about the defendant who should be subject to the replacement of the bail deposit. Get information about the possibility of graceful execution.

  The above steps from S0701 to S0708 do not need to include all of them, and may include at least one of these steps. In addition, the order of processing in the case of including a plurality of steps among the above does not matter.

  Next, in the step S0713 for generating the determination result that the accused is not the replacement when the bail security replacement system of the present embodiment determines that the offense is a repeat offense in the determination step S0709 of the first offense or the second offense. The bail deposit replacement system generates a determination result that the replacement is not executed.

  On the other hand, if it is determined that the offense is the first offense, the process proceeds to step S0710 to determine whether or not the accused admits the charge. If it is determined that the accused admits in that step, no replacement is performed. In the determination result generation step, the bail deposit replacement system according to the present embodiment generates a determination result that the replacement is not executed.

  On the other hand, if it is determined that the charges are admitted, there are at least three items out of the possibility that the cash on hand, the underwriter, the residence, the occupation, the relatives living together or the execution of the sentence will be postponed as a bail deposit. The process proceeds to step S0711 for determining whether or not “exist”, and if it is determined that three or more items correspond to “exist” in the step, in step S0712 for generating a determination result that execution is performed, The bail deposit advance system generates a determination result of executing the advance. On the other hand, when it is determined that three or more items do not correspond to “present” (items corresponding to “present” are less than three items), the present embodiment The bail deposit replacement system generates a determination result that the replacement is not executed.

  The above steps from S0709 to S0711 do not need to include all of them, and may include at least one of these steps. In addition, the order of processing in the case of including a plurality of steps among the above does not matter. However, if the processing is performed in a different order from the above example, if the judgment result at the last step to be processed is that the initial crime or the suspicion is recognized, the judgment result that the replacement is executed is If the judgment result in the step that is generated and processed at a step other than the last is the first offense, suspected, or three or more items correspond to “Yes”, the process proceeds to another judgment step.

In addition, when there is no each step of obtaining the accused information corresponding to each of these steps, there is no corresponding step. For example, when there is no acquisition step for accused information (whether it is the first offense or re-offending), there is no decision step for determining whether or not to perform a change based on the information on the accused (first offense or re-offending) It is.
<Effect>

  With the bail deposit replacement system according to this embodiment, it is possible to determine whether or not to perform the bail deposit replacement based on the accused information such as whether the offense is a first offense or re-offending, and whether or not a suspect is admitted. Therefore, it is possible to avoid as much as possible the discrepancy between the decision whether or not to execute the change and the court's decision as to whether or not to actually allow bail.

  <Overview>

  The bail deposit replacement system of this embodiment is based on any one of the first to third embodiments, and should be collected for the change when the determination result in the determination unit is a determination result that the change should be executed. There is a rate determining unit that determines the rate of the advance fee, and the rate determining unit determines the rate using the information accumulated in the accumulating unit.

  <Configuration>

  FIG. 8 is a diagram illustrating an example of functional blocks of the present embodiment.

  The bail deposit replacement system 0800 of the present embodiment includes an accused information acquisition unit 0801, a determination unit 0802, a rate determination unit 0803, a storage unit 0804, and an escape information addition unit 0805.

  Although not shown in the figure, the determination unit may include a non-replacement bail escape information holding unit.

  In addition, the judgment department determines whether the crime is a first offense or a recidivism, whether or not a suspicion has been granted, whether there is any cash on hand to pay as a bail deposit, whether there is an underwriter, whether there is a residence, whether there is a residence, The determination may be made using information including at least one of presence / absence, information on the presence / absence of relatives living together, and information on the possibility of execution being suspended.

  The rate determining unit is configured to determine a rate of the advance fee to be collected for the advance when the judgment result in the judgment unit is a judgment result that the advance should be executed. Moreover, the said rate determination part is comprised so that a rate may be determined using the information accumulate | stored in the accumulation | storage part.

  “Advancement fee” means a fee to be collected for the advancement. The purpose of this is to collect in order to make an effective payment using the bail deposit replacement system, and it is different in character from the interest on the loan of funds. Therefore, the rate of the renewal fee is determined in view of, for example, an amount sufficient to ensure prevention of escape or the like. Specifically, for example, a fixed ratio of the advance amount determined based on the non-replacement bail escape information or the like is applicable. The advance fee may include the actual cost.

  Since the rest of the configuration is the same as that of any one of the first to third embodiments, the description thereof is omitted.

  <Process flow>

  FIG. 9 shows an example of the flow of processing in this embodiment. The flow of processing of this part in this embodiment consists of the steps shown in FIG.

  In the rate determining step S0903, the bail deposit replacement system of the present embodiment determines the rate of the advance fee to be collected for the advance.

Since the remaining process flow is the same as the process flow in any one of the first to third embodiments, the description thereof will be omitted.
<Effect>

  With the bail deposit replacement system according to the present embodiment, it is possible to appropriately determine the rate of the advance fee to be collected for the change when executing the change of the bail deposit, and the change can be effectively realized. .

  <Overview>

  The bail deposit replacement system of the present embodiment is based on the fourth embodiment, and the information accumulated in the accumulation unit used by the rate determining unit is escape rate statistical information accumulated in the past.

  <Configuration>

  The bail deposit replacement system of the present embodiment includes an accused information acquisition unit, a determination unit, a rate determination unit, an accumulation unit, and an escape information addition unit. Moreover, the determination part may have a non-replacement bail escape information holding means. In addition, the judgment department determines whether the crime is a first offense or a recidivism, whether or not a suspicion has been granted, whether there is any cash on hand to pay as a bail deposit, whether there is an underwriter, whether there is a residence, whether there is a residence, The determination may be made using information including at least one of presence / absence, information on the presence / absence of relatives living together, and information on the possibility of execution being suspended. The above configuration is the same as the configuration of the bail deposit replacement system of the fourth embodiment.

  The information accumulated in the accumulation unit used by the rate determining unit is escape rate statistical information accumulated in the past.

  “Escape rate” is the ratio of the number of cases where bail was canceled because the defendant escaped during the bail period, out of the number of cases allowed bail. Here, “escape” is synonymous with “escape of bail” in the second embodiment. That is, the act of the accused during the bail period, including when the accused is reasonably suspected of escaping or escaping. In addition, when the defendant is summoned and does not appear for no good reason, or when there is a reasonable reason to suspect that the defendant will destroy the crime or destroy the crime, When the person who is deemed to have the necessary knowledge of the person or the relative or the relative's body or property is to be harmed or added, or the act of making the person afraid, and the defendant has restrictions on residence or other conditions established by the court It includes the time when it was violated.

  In this way, in determining the rate, the historically accumulated escape rate statistical information is used to characterize the advance fee for the purpose of collecting the change using the bail deposit replacement system. (The rate is determined with the amount of money, for example, sufficient to prevent the escape, etc. in mind.) In determining the rate, use the statistical information on the escape rate accumulated in the past. This is because it is thought that this contributes to the effective use of the bail deposit replacement system.

  The escape rate changes depending on whether the bail is granted or the bail is canceled because the accused escaped during the bail period. Rate statistics can also be updated. For this reason, the accumulating unit may have means for updating the escape rate statistical information accumulated in the past, and the rate determining unit uses the updated escape rate statistical information for each update. Then, the rate may be determined.

The rest of the configuration is the same as that in the fourth embodiment, and a description thereof will be omitted.
<Effect>

  By using the bail deposit replacement system according to the present embodiment, it is possible to appropriately determine the rate of the replacement fee to be collected for the replacement using the bail rate statistical information accumulated in the past when executing the replacement of the bail deposit. It becomes possible, and it becomes possible to make the change effective.

Conceptual diagram for explaining the first embodiment Conceptual diagram for explaining the first embodiment Functional block diagram for explaining the first embodiment The figure explaining the flow of processing of Embodiment 1. Functional block diagram for explaining the second embodiment The figure explaining the flow of processing of Embodiment 2. The figure explaining the flow of processing of Embodiment 3. Functional block diagram for explaining the fourth embodiment The figure explaining the flow of processing of Embodiment 4

Explanation of symbols

0201 Company X 0202 Bail Security Advancement System 0203 A (Applicant)
0204 Bail Support Application Form 0205 Information on Defendants 0206 Judgment Criteria 0207 Judgment Result (In the Case of Advancement)
0208 Information on accused's escape after bail 0209 Information on other accused

Claims (5)

A bail deposit replacement system for determining whether or not to perform a bail deposit replacement,
Defendant Information Acquisition Department to acquire information on the accused to be subject to the replacement of the bail deposit;
A determination unit for determining whether to perform a change based on the accused information;
In the case where the determination result in the determination unit is a determination result that the change is executed, an accumulation unit that accumulates the determination result in association with information on the accused,
Information on the escape after bail of the accused, an escape information adding unit that adds information as information on the accused accumulated in the accumulating unit,
Have
The bail deposit replacement system, in which the determination unit can make a determination using information stored in the storage unit regarding another defendant different from the defendant in the past when performing the replacement. The determination unit has a non-replacement bail escape information holding means for retaining non-replacement bail escape information, which is information corresponding to a bail performed without a bail deposit, regarding bail escape,
2. The bail deposit replacement system according to claim 1, wherein the determination is performed using non-bail escape information held in the non-replacement bail escape information holding unit.   Judgment by the Judgment Department includes information on the accused, whether it is the first offense or re-offending, whether or not suspected, whether there is any funds on hand to be paid as a bail deposit, whether there is an underwriter, whether there is a residence, whether there is a occupation 3. The bail deposit replacement system according to claim 1 or 2, wherein the judgment is made using information including at least one of information on presence / absence of relatives living together and information on a possibility of execution suspended. A rate determining unit that determines a rate of a replacement fee to be collected for a change when the determination result in the determination unit is a determination result that the change should be performed;
The bail deposit replacement system according to any one of claims 1 to 3, wherein the rate determining unit determines a rate using information stored in the storage unit.   5. The bail deposit replacement system according to claim 4, wherein the information accumulated in the accumulation unit used by the rate determining unit is escape rate statistical information accumulated in the past.

Images