(1)
(a) The President of the Court of First Instance of the place of execution of the warrant shall
rule in chambers on the application, after hearing the convict and the proposed surety.
(b) Such a ruling shall not be subject to appeal.
(2)
(a) Where the application is granted, the President shall explain to the surety the
consequences of his recognizance and shall request him to sign a document by which he
shall undertake to pay the debt or failing that, to be subjected to imprisonment in default in
place of the convict on expiry of the time limit provided for in section 560;
(b) After the surety has read and signed the recognizance, the President shall cause the
debtor to be released forthwith;
(c) The provisions of section 185 (1) (b) above are applicable if the surety cannot read and
write.
(d) Notice of the ruling shall be served forthwith on the Superintendent of Prison and a copy
each shall be forwarded to the President and the Legal Department of the court that issued
the imprisonment warrant.
(3) Where a surety is not accepted, the convict may make new proposals as many times as he
wishes.
(4) Imprisonment resulting from failure of the surety to abide by his obligation, shall be
terminated before the expiry of the prescribed period, only when total payment has been
made.
Official text
Spot-checked
In force from 27 July 2005
Source page 127