The Bail Affidavit is a fundamental document in Malaysia's criminal justice system, required whenever a person wishes to stand as surety for an accused person's bail. This sworn statement must be prepared in accordance with Malaysian law, particularly the Criminal Procedure Code and the Oaths and Affirmations Act 1949. The document is used to help courts assess the surety's suitability and financial capacity to guarantee the accused's appearance in court. A properly executed Bail Affidavit must include detailed personal information about the surety, their relationship to the accused, financial status, declaration of any existing bail obligations, and their understanding of the responsibilities involved. It must be sworn or affirmed before a Commissioner for Oaths and may require supporting documentation such as financial statements and identification documents.
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1. Title and Court Details: Specifies the court jurisdiction, case number, and parties involved
2. Deponent Details: Full name, NRIC number, age, occupation, and address of the person making the affidavit (the surety)
3. Accused Person Details: Full name, charges, and case reference number of the accused person
4. Relationship Declaration: Description of the relationship between the deponent and the accused person
5. Financial Capacity: Declaration of the deponent's income, assets, and ability to pay the bail amount
6. Understanding of Obligations: Statement confirming understanding of responsibilities as a surety
7. Previous Bail History: Declaration regarding any previous or current bail obligations
8. Verification Statement: Standard declaration of truth and accuracy of the statements made
9. Execution Clause: Place, date, and signature section with commissioner for oaths attestation
1. Multiple Sureties Declaration: Required when more than one surety is posting bail, detailing the shared responsibilities
2. Foreign National Declaration: Additional declarations required if the surety is not a Malaysian citizen
3. Special Conditions: Any specific conditions imposed by the court or agreed to by the surety
4. Character Reference: Additional character statements about the accused when relevant to the bail application
5. Immigration Status: Required for cases involving foreign accused persons or travel restrictions
1. Schedule A - Financial Statement: Detailed list of assets, liabilities, and income verification documents
2. Schedule B - Property Documents: Copies of property titles or other asset documentation being offered as security
3. Schedule C - Identity Documents: Copies of NRIC, passport, or other relevant identification documents
4. Appendix 1 - Bank Statements: Recent bank statements or financial records supporting the financial capacity declaration
5. Appendix 2 - Employment Verification: Employment confirmation letter and salary statements where applicable
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