Ironclad letter

An ironclad letter is a legal instrument that allows a suspect or accused person to remain free until the final conclusion of criminal proceedings.

1. Who Can Apply for an Ironclad Letter?

An ironclad letter can only be issued for:

• The accused: This refers to a person against whom an indictment has been filed in court, but who has not yet received a final judgment. This does not apply to convicted individuals or those wanted for the execution of a sentence.

• Being abroad: The accused must be outside the country.

• Submitting a declaration: The accused must submit a declaration that they will appear before the court or prosecutor at a specified time, under the condition of responding from "free status."

2. The Role of the Prosecutor

• In the preparatory proceedings, an ironclad letter can be issued at the request of the prosecutor or in the absence of their objection.This means that it is the role of the attorney to communicate with the prosecutor to agree on their position.

3. Who Issues the Ironclad Letter?

• The competent authority to issue an ironclad letter is the district court.The attorney represents the applicant before the court.

4. Ironclad Letter vs. Temporary Arrest

• The application for an ironclad letter does not suspend the consideration of an application for temporary arrest against the suspect.When issuing an ironclad letter, the court revokes any temporary arrest order. This becomes enforceable once the decision to issue the ironclad letter becomes final.

5. Conditions for Validity of the Ironclad Letter

• The ironclad letter ensures freedom until the final conclusion of proceedings, provided that the suspect or accused:

  • Appears in response to court summonses and, during preparatory proceedings, also to prosecutor summonses.

  • Does not leave their chosen place of residence in the country without court permission.

  • Does not induce false testimony or statements, nor otherwise unlawfully attempt to obstruct proceedings.

6. Revocation of the Ironclad Letter

• Violation of conditions: unjustified failure to appear in response to summonses or violation of other conditions for validity results in revocation.Prosecutor's application: in preparatory proceedings, revocation may occur at the request of the prosecutor.

7. Financial Surety

• Issuance of an ironclad letter may be conditioned upon providing financial surety.Revocation of an ironclad letter results in forfeiture of financial surety.

8. Appeal

• An appeal is available against any decision regarding the ironclad letter. This applies both to decisions to issue the ironclad letter and to decisions refusing its issuance. If you need further assistance or additional information, feel free to ask.