Bail

The concept of bail originates in British criminal law practice and became institutionalized in North America and other common law jurisdictions after America’s independence in the 18th century. It is, therefore, not as established and institutionalized in civil law jurisdictions as found in most European states.

Bail refers to a judicial interim release, or pretrial release, of an accused who has been taken into custody, pending the determination of charges. In Western legal systems, a person is innocent until proven guilty, but an innocent person can be held in custody and not be released unless bail is posted or a judge decides that the case is serious enough not to allow bail. This decision can be made as early as at the so-called arraignment. After arrest, ...