Bail as social phenomena's applicability in legal liability forms

ENWhen one commits a crime, not only does he or she breach the law and violates the interests of the state and the victim, but he or she also shows a great disrespect to the values that are agreed to be protected by law. The state, as a protector of these values, must react to every criminal act (as well as other offences) that infringes legal order. One form of this reaction is criminal liability for crimes. In case of the implementation of criminal liability, the legal criminal relations arise. First of all, between the perpetrator and the victim, secondly, between the perpetrator and the state, where the state is empowered to take all necessary measures to reveal one’s crime and to affect the perpetrator so that his or her criminal behaviour would not occur again. So, crime automatically inflicts a criminal conflict between two sides – the offender and the state. Traditionally, the criminal procedure, if the guilt of the defendant is proven under the law, ends up with conviction and the perpetrator must endure the legal consequences of his or her crime by being punished and receiving a criminal record. On the other hand, in nowadays, the punishment is not the only possible state’s reaction form to a criminal act and not the only way to reach the goals of the criminal liability. Because the criminal procedure from its very beginnings to conviction is severe and frustrating not only economically but psychologically as well, European countries have developed various criminal procedure diversion forms in their legal system when the defendant can obviate being sentenced and the criminal case can be closed at the earliest stages. [...] Keywords: bail, vouch, trust, legal liability. [Extract, p. 80-81]