Mihajlo Markovic*

BAIL IN CRIMINAL PROCEEDINGS

Summary

Author deals with bail, as alternative to custody in Serbian legislative. Bail is instrument for securing presence of the defendant and unhindered trial course. The Criminal Proceeding Code of the Republic of Serbia, defines conditions and procedure for exchanging custody by establishing bail. Current legislative solution is a subject to change and improvement, in order to achieve better application of bail, as it is supposed to be less harmful to freedom of the defendant, which represents basic human right. Finally, the author suggests certain changes in the Criminal Proceeding Code of the Republic of Serbia, as a possible solution of practical problems in the law enforcement.

Key words: bail, custody, instrument for securing presence of the defendant.