Istota poręczenia majątkowego w procesie karnym
The Nature of Bail in Criminal Proceedings

Summary/Abstract: Ensuring the correct course of criminal proceedings is an extremely important issue. This can be achieved through the use of institutions provided for by law, not only in the field of criminal procedure but also in substantive criminal law. One such measure is bail. It consists in depositing a specified pecuniary value in the form of a sum of money, securities, a pledge, or a mortgage as a guarantee that the accused will not obstruct the proceedings. It is a non-isolating preventive measure. A key structural element is the possibility of forfeiting the pecuniary values in the event that the proceedings are obstructed by the person’s conduct. This usually has a positive effect on the accused’s behaviour. On the other hand, in the case of obstructing the proceedings, a negative consequence is provided for — forfeiture, which serves as a kind of ‘punishment’ for that person.

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