Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1181

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1081

Section108.In ruling upon a motion for provisional release, the following issues shall be taken into consideration:

(1)the gravity of the allegations;

(2)the amount of the evidence adduced;

(3)the nature of all the circumstances of the case;

(4)the credibility of the movant, bail, or security;

(5)the likeliness that the alleged offender or accused will escape;

(6)the possibility and amount of the danger or damage that may ensue from the provisional release;

(7)in the event that the alleged offender or accused is being detained by virtue of a court warrant, if there is an objection from the inquiry official, public prosecutor, or prosecutor, as the case may be, the court may take it into account for corroboration of the ruling.

Section109.In a case of which the maximum rate of imprisonment is ten years or more, if there is a motion for provisional release, the court must ask the inquiry official, public prosecutor, or prosecutor if he would raise any objection.

Section110.In a case of which the maximum rate of imprisonment is one year or more, the provisionally released person must provide bail and may provide any or no security also.