Bail as a preventive measure in criminal proceedings: procedural- legal aspects and issues

Abstract

The article examines the role and significance of bail as a preventive measure in criminal proceedings. Procedural and legal aspects of applying this preventive measure are explored, along with the problems arising from its use. Procedural and legal aspects of bail, including its designation, application mechanisms, and limitations, are analyzed in detail.
 The study focuses on exploring the mechanisms for determining bail, its role in preventing crimes, and its impact on criminal proceedings. The procedures for bail assignment are analyzed, taking into account the risks arising from possible careless or unfair application of this preventive measure. Risks associated with potential improper or unjustified use of this measure are considered. Identified flaws in assigning bail could lead to violations of the rights of individuals suspected of crimes.
 The necessity to refine legislation for determining procedures to establish the legality of pledged funds is highlighted, which is an important issue in criminal proceedings. Specifically, attention is drawn to the European Court of Human Rights decision in the case «V. v. Switzerland» regarding the refusal to apply bail if the individual providing funds fails to provide adequate evidence of their legality. To ensure transparency and effectiveness of preventive measures, it is essential to establish mechanisms to verify the origin of funds used as bail. This would prevent situations where the source of funds remains unknown or when the individual offering bail has a questionable reputation that could compromise the legality of the funds.
 Issues in bail application, such as the potential for discrimination, lack of a uniform assignment standard, and the possibility of using bail to pressure suspects or defendants, are discussed.
 Emphasis is placed on the importance of a balanced approach to bail application in criminal proceedings, considering the individual circumstances of each case and maintaining a balance between the interests of justice and the protection of the rights of suspects or defendants.
 Conclusions and recommendations are made to improve legislation and practices related to bail application, aiming to enhance judicial efficiency and ensure equal conditions for all participants in criminal proceedings. The analysis could serve as a basis for further research and improvements in this field.