The Problem of Using Imprisonment to Secure Bail in Criminal Proceedings

There is a provision in the criminal procedural legislation that creates danger of covert violation basic human right – freedom. This threat arises at first presentation session against detained accused, when court assigns accused another, lighter, restraining measure instead imprisonment. Despite court's decision, defendant not immediately released from courtroom. According to Code Criminal Procedure, this time there use imprisonment for purpose providing bail, i.e. "custodial bail". The decision release person on bail enforced later, after law has been fulfilled. In particular, arrested obliged pay certain amount money as order enforce him. As result, determining factor accused's but his solvency. case non-payment amount, he remains prison, which leads an unjustified presumption Making by formal nature, thus creating practice low protection freedom, incompatible with international standards. result such approach, unjustifiably kept prolonged detention and, moreover, deprived opportunity appeal said treatment.