At the end of the presentation hearing of the accused before the control judge, the latter may agree, as one of the prudential substitute measures of the prison (Article 242 COPP), the bail of the accused.
The bond consists of a declaration of a certain person (guarantor), which may or may not be related to the accused, in which he is obliged to guarantee, under oath and by means of an act that he must sign before the control judge, that the imputed, once released, will be presented to the acts of the process each time it is called or cited by the judge of control or by the prosecutor of the Public Ministry.
The guarantor, in the event that the defendant fails to comply with the proceedings, must pay a sum of money (bail), which can reach up to a maximum of one hundred and eighty tax units. Thus, the bond does not consist of the immediate payment of the tax units that the judge sets in the record where it is recorded, but in a subsequent payment, but only and exclusively in the event that the accused does not present himself more to the process or does not fulfill the obligations that have been imposed.
Two guarantors are always required, each of which must submit to the Court the following requirements:
Receive a salary or salary of 50 or more tax units, up to a maximum of 180, depending on the requirement of the Court. The guarantor’s salary must be accredited with the following:
1) A Work Certificate, which specifies:
- a) data of the worker (full name, age, marital status, profession or trade, identity card number);
- b) position he occupies;
- c) Start date in the company and salary received. The Certificates must be submitted on letterhead, RIF of the company, signature of the employer, wet seal of the company logo and the company’s telephone numbers.
2) Payment receipts that reflect the salary that is received, which must meet the specifications established by SENIAT.
3) Original and copy of the current Income Tax Declaration.
4) Certification of Income signed and stamped by a Certified Public Accountant in case the person works on their own
5) Original receipt, public or private service (CANTV, ELECTRICITY, DIRECT TV, etc.), which shows the name and address of the person who will serve as Surety
6) Proof of Good Conduct issued by the Community Council of your Community
7) Proof of residence issued by the Community Council of your Community
8) Original and photostatic copy of the current laminated Identity Card
9) Original and photostatic copy of the current Tax Information Registry (RIF).
1) Proof of residence
2) Proof of Good Conduct of the legal representative of the legal entity that will serve as a guarantor, issued by the Community Council of the community where he resides
3) Original and copy of the Mercantile Registry of the company, in which the character of legal representative held by the guarantor in the company
4) Original and photostatic copy of the current laminated Identity Card of the guarantor
5) Tax Information Registry (RIF) of the company and guarantor
6) Original and copy of the last statement of Income Tax of the company
Eventually, the Control Court could demand additional documents from the guarantor.
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