Instead of pre-trial detention – the bail in details

plpolski (Polish)

The Polish legislator implemented various forms of securing the course of proceedings against obstruction or escape of suspects. Unfortunately, the most frequently used and at the same time the most severe is pre-trial detention. It is used too mechanically and instrumentally. Particularly, in a situation where non-custodial preventive measures, including the bail, may prove effective.

After police supervision and the ban on leaving the country, it is the third most frequently used non-custodial preventive measure. This is indicated by data presented by the National Public Prosecutor’s Office.

How to pay the bail

The bail secures the interest of the proceedings through the risk of loss of assets by the suspect or another person. It should be natural person who can guarantee the proper behaviour of the suspect during the proceedings. It consists of a temporary transfer of assets to the authorities. The bailor will lose the assets if the suspect flees, goes into hiding or (at the discretion of the authority) if the proceedings are otherwise obstructed. The object of the bail may be:

  • money;
  • securities;
  • pledge;
  • mortgage.

Amount, form and the person who may become the bailor must be specified in a decision issued by an authority – the public prosecutor in pre-trial proceedings, or the court in court proceedings. It is important that, depending on the subject of the bail, its payment is properly proven. The authorities must also confirm that the assets belong to the bailor. That means that their source must be werified. The bailor must care about not losing those assets so that they are motivated to supervise the suspect.

Money and securities may be left at the court deposit. It is also possible to simply transfer the money on a designated account. One can put in pledge movables or p.e. certain rights from a patent. There are two ways of taking out a mortgage. The bailor can fill out the mortgage papers themselves and file them in court. Another option is that they can visit the notary office.

In the full article available in Polish, details are provided – practical advice on how to effectively transfer assets to the surety.

plpolski (Polish)

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