Analyzing the Implementation Challenges of the Bail Confiscation Order in the Branches of the Execution of Criminal Sentences

The bail confiscation order is a guarantee of the performance of the obligation that the bailor accepts following the issuance of a criminal security order. In Section 230 of the Criminal Procedure Law, the lawmaker referred the way of implementing the bail confiscation order to the provisions of the Civil Judgment Enforcement Law. The substantive difference between the bail confiscation order and the final judgment issued by the courts makes the implementation of the bail confiscation order in accordance with the provisions of the recent law with ambiguity and delay. In this way, Section 75 of the Law on the Execution of Civil Judgments in the sale of seized property, before the publication of the auction notice, foresees the notification of the theory of the property appraiser to the parties of the case and gives them the right to protest. According to Section 143 of the mentioned law, after the auction, it is mandatory to verify the validity of the auction process by the court overseeing the execution of the judgment. Considering that the last part of Section 230 and Section 537 of the Criminal Procedure Code has placed the enforcement of the bail confiscation order under the responsibility of the deputy for the execution of criminal sentences and its branches, in the practice and process of the execution of the bail confiscation order.