remise de cautionnement confisqué

OBS: Recours qui s'applique en raison de la trop grande sévérité du châtiment.

CONT: The criterion for remission of estreated bail is that of undue hardship. The judge, at the time he determines whether the estreatment should be mitigated, takes into consideration the hardship which is likely to result. Therefore, the question of financial hardship must be assessed on the basis of its effect at the time the application for remission is made, rather than as of the date the bail was estreated. An application for remission of forfeited goods may be based on two criteria: innocence and hardship.
OBS: The criterion for that type of remission is that of undue hardship.