Electronic Device Attachment Allows Release... Ministry of Justice Implements 'Electronic Bail System'

[Asia Economy Reporter Baek Kyunghwan] The 'electronic bail system,' which grants bail to defendants on the condition of attaching an electronic device, will be implemented. To protect the rights of defendants, a wristwatch-type electronic device will be applied, and bail may be revoked if the bail conditions are not faithfully fulfilled.

On the 3rd, the Ministry of Justice announced that it will implement the 'electronic device attachment conditional bail (electronic bail) system' starting from the 5th.

Until now, the bail system has been operated based on the 'Criminal Procedure Act' enacted in 1954, but due to concerns about the flight risk of released defendants and difficulties in ensuring their attendance, only 3.9% of defendants who were indicted in custody received bail, thus it was used in a limited manner.

However, demands for realizing the principle of trial without detention, alleviating overcrowding in detention facilities, and the introduction of IT technology capable of real-time tracking of released defendants' locations have made the implementation of the electronic bail system possible.

Those subject to electronic bail will be required to wear a wristwatch-type device in the form of a smartwatch, different from the existing electronic anklet. The wristwatch-type device is a measure to prevent the negative prejudice associated with the existing electronic anklet. However, to track real-time location 24 hours a day, physical functions such as alarms triggered by tampering or removal from the wrist are the same as those of the existing electronic anklet.

Electronic bail is decided by the court either ex officio or upon request by the defendant or the defendant's attorney, and is enforced by probation officers. When deciding on electronic bail, the court imposes differentiated conditions such as house arrest, restrictions on outings, residence limitations, and prohibition of contact with victims to prevent flight risk and victim approach. In particular, probation officers supervise compliance based on real-time location information and immediately notify the court of any violations, upon which the court may revoke electronic bail and re-arrest the defendant.

The Ministry of Justice expects significant changes in the criminal justice system due to this measure. A Ministry of Justice official stated, "Compared to existing bail, electronic bail allows the court to ensure attendance by preventing flight risk, and defendants can have the opportunity to defend themselves while not detained," adding, "It is also expected to have effects such as reducing national budget expenditures through alleviating overcrowding in correctional institutions."

Sample image of a wristwatch-type device. (This image is for illustrative purposes and may differ from the actual device) / Ministry of Justice

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